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Lombaard v Moolgem (Pty) Ltd and Others (23/076940) [2023] ZAGPPHC 708 (22 August 2023)
The High Court dismissed an urgent application to stop payment under a collateral cession, holding the clause allowed withdrawal without prior court determination.
van Niekerk v Liberty Group Limited (1392/2018) [2020] ZASCA 65 (15 June 2020)
The Supreme Court of Appeal held that the cession of R470,000 under the insurance policy was a cession in securitatem debiti, entitling the cessionary to payment of that amount upon the death of the insured. The appellant was not entitled to the full benefit, as the secured debt remained unpaid. Liberty's overpayment to the appellant was made under a bona fide but mistaken belief, and the error was excusable given the circumstances, including the appellant's failure to submit the cession form and his knowledge of the cession's existence. The appellant was unjustifiably enriched and Liberty im…
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