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South Africa decisions
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Flexi Fuel Logistics (Pty) Ltd v Nedbank Ltd and Others (2022/23189) [2023] ZAGPJHC 586 (29 May 2023)
The High Court dismissed an enrichment claim against Nedbank over a mistaken payment into an overdrawn customer account, holding the bank was not enriched.
Firstrand Bank Ltd v Kgethile (M370/2018) [2021] ZANWHC 63 (31 August 2021)
The High Court dismissed Firstrand Bank’s claim for payment against a customer after finding both sides negligent in a cyberfraud banking dispute.
Ex parte: National Director of Public Prosecutions (1540/2018) [2018] ZAFSHC 100 (12 June 2018)
The court found that the NDPP failed to establish reasonable grounds that the funds preserved in Baroda's Nedbank account were the proceeds of unlawful activities. The evidence showed no direct link between the alleged proceeds and the preserved funds, as the account was a pool account containing deposits from various customers. The principles of commixtio and the bank/customer relationship dictate that once funds are deposited, they lose individual identity and become the property of the bank. The NDPP did not seek to preserve Estina's personal right in its account but rather Baroda's Nedban…
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D A Ungaro & Sons (Pty) Limited v Absa Bank Limited (20063/2003) [2015] ZAGPJHC 207; [2015] 4 All SA 783 (GJ) (7 September 2015)
The court found that an agreement existed between the plaintiff and the defendant for the operation of the savings account. It was an implied term of the agreement that withdrawals and transfers from the account required written authorisation from the plaintiff. The defendant failed to take reasonable steps to verify Huang's authority to make withdrawals and transfers, and allowed unauthorised transactions to occur. The defendant's conduct amounted to negligence and breach of its duty of care towards the plaintiff. The plaintiff proved, on a balance of probabilities, that the unauthorised wit…
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Absa Bank Limited v Hanley (08/2013) [2013] ZASCA 183; [2014] 1 All SA 249 (SCA); 2014 (2) SA 448 (SCA) (29 November 2013)
The SCA held that ABSA could not debit Hanley’s account for an unauthorised US$1.6 million transfer. The bank’s negligence in processing the forged instruction caused the loss.
Trustees of the Insolvent Estate of Whitehead v Dumas and Another (323/12) [2013] ZASCA 19; 2013 (3) SA 331 (SCA) (20 March 2013)
The Supreme Court of Appeal held that when Dumas voluntarily transferred funds into Whitehead's bank account, even though induced by fraudulent misrepresentation, the money became the property of the bank and Whitehead acquired a personal right to the credit. Upon sequestration, this right vested in the insolvent estate and was subject to the concursus creditorum. The enrichment remedy against the bank was not available because the bank was not unjustly enriched; it had a contractual obligation to account to its customer and, after sequestration, to the trustees. Dumas's claim lay only agains…
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Standard Bank of South Africa Ltd v Echo Petroleum CC (192/11) [2012] ZASCA 18; 2012 (5) SA 283 (SCA) (22 March 2012)
The Supreme Court of Appeal held that Echo could not reclaim funds deposited into Sky’s bank account after the bank lawfully set off the credit against Sky’s debt.
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