Nedbank Limited v CBR Engineering CC and Others (A56/18) [2018] ZAFSHC 197 (6 December 2018)

Nedbank Limited v CBR Engineering CC and Others (A56/18) [2018] ZAFSHC 197 (6 December 2018)

The court held that the respondents were not in mora until the debt was determined by the court, as the enrichment claim was unliquidated and only became enforceable upon the court's order. The amendment of the particulars of claim did not create a new cause of action, but the nature of the claim changed from...

Source-derived case information.

Citation
[2018] ZAFSHC 197
Parties
Appellant: Nedbank Limited; Respondent: CBR Engineering CC; Respondent: C.A Minnie SNR; Respondent: C.A Minnie JNR; Respondent: Hester Cornelia Hendrika Slabert; Respondent: Minirock CC; Respondent: Virarnie CC
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 December 2018
Case Number
A56/18
Procedural Posture
Civil Appeal / Appeal Against Whole Judgment of Pike AJ Delivered 20 December 2017
Outcome
Appeal dismissed with costs.
Judges
Mhlambi, Mbhele, Daniso
Legal Topics
Prescribed Rate of Interest Act, Unjust Enrichment, Liquidated Vs Unliquidated Debt, Mora Interest, Amendment of Particulars of Claim
Civil Procedure Commercial and Corporate Prescribed Rate of Interest Act Unjust Enrichment Liquidated Vs Unliquidated Debt Mora Interest Amendment of Particulars of Claim

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Parties

Nedbank Limited

Appellant

CBR Engineering CC

Respondent

C.A Minnie SNR

Respondent

C.A Minnie JNR

Respondent

Hester Cornelia Hendrika Slabert

Respondent

Minirock CC

Respondent

Virarnie CC

Respondent

Procedural Posture

Civil Appeal / Appeal Against Whole Judgment of Pike AJ Delivered 20 December 2017

Legal Issues

  1. 1 When does interest begin to run on an enrichment claim against the respondents.
  2. 2 Is the plaintiff's claim a liquidated or unliquidated debt for purposes of interest calculation.
  3. 3 Does amendment of particulars of claim affect the nature of the debt and the running of interest.

Ratio Decidendi

The court held that the respondents were not in mora until the debt was determined by the court, as the enrichment claim was unliquidated and only became enforceable upon the court's order. The amendment of the particulars of claim did not create a new cause of action, but the nature of the claim changed from contract to enrichment, making the debt unliquidated. Section 2A of the Prescribed Rate of Interest Act applied, and interest could only run from the date of determination, not from the date of the loan or service of summons. The appellant's arguments regarding the running of interest from an earlier date were rejected, and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.