Munters (Pty) Ltd v Serote and Another (4004/2014) [2018] ZAGPJHC 491 (26 March 2018)

Munters (Pty) Ltd v Serote and Another (4004/2014) [2018] ZAGPJHC 491 (26 March 2018)

The court found that the first defendant, while employed by the plaintiff, intentionally created fictitious supplier invoices and supporting documents, including a fraudulent change of banking details, which resulted in the plaintiff making payments totalling R934,387.53 to the second defendant's Standard Bank home loan account. The evidence established that the second defendant, married in community of property to the first defendant, was aware of the fraudulent scheme and appropriated the funds for their joint benefit. The defendants' bare denial was rejected as insufficient, and their testimony was found to be contradictory, improbable, and lacking credibility. The plaintiff discharged...

Citation
[2018] ZAGPJHC 491
Parties
Plaintiff: Munters (Pty) Ltd; Defendant: Monene Mahlatsi Serote; Defendant: Kgothatso Serote
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 March 2018
Case Number
4004/2014
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff; defendants held jointly and severally liable for the full amount claimed, interest, and attorney and client costs.
Judges
Ncongwane
Legal Topics
Fraudulent Misrepresentation, Theft by Employee, Actio Legis Aquiliae, Joint Liability, Bare Denial Pleading, Attorney and Client Costs
Delict Civil Procedure Commercial and Corporate Fraudulent Misrepresentation Theft by Employee Actio Legis Aquiliae Joint Liability Bare Denial Pleading +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Munters (Pty) Ltd

Plaintiff

Monene Mahlatsi Serote

Defendant

Kgothatso Serote

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendants are liable for the damages suffered by the plaintiff due to fraudulent and/or theftuous conduct perpetrated by the first defendant.
  2. 2 Whether the second defendant, by virtue of marriage in community of property and knowledge of the fraud, is jointly liable.
  3. 3 Whether the plaintiff has discharged its onus to prove the quantum and causation of its loss.

Ratio Decidendi

The court found that the first defendant, while employed by the plaintiff, intentionally created fictitious supplier invoices and supporting documents, including a fraudulent change of banking details, which resulted in the plaintiff making payments totalling R934,387.53 to the second defendant's Standard Bank home loan account. The evidence established that the second defendant, married in community of property to the first defendant, was aware of the fraudulent scheme and appropriated the funds for their joint benefit. The defendants' bare denial was rejected as insufficient, and their testimony was found to be contradictory, improbable, and lacking credibility. The plaintiff discharged...

Court Disposition

Judgment for the plaintiff; defendants held jointly and severally liable for the full amount claimed, interest, and attorney and client costs.

Orders

  • The first and second defendants are ordered jointly and severally, the one paying the other to be absolved, to pay the plaintiff the amount of R934,387.53 as damages.
  • Interest on the said amount at the applicable rate per annum, a tempore morae.