South Africa Case Law

Bruni N.O and Another v Daytona Group Holding (Pty) Limited and Others (2021/59310)

Bruni N.O and Another v Daytona Group Holding (Pty) Limited and Others (2021/59310) [2024] ZAGPJHC 1179 (18 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/59310

Judge

Gilbert AJ

The court held that the plaintiffs' particulars of claim sufficiently allege that the first and second defendants appropriated the stolen monies with the requisite intent, specifically dolus eventualis, by knowingly receiving funds not due to them and failing to return them. The pleadings establish that the defendants acted as 'takers' for purposes of the condictio furtiva, even though the funds were received via a conduit entity and may have been co-mingled. The court found that the character of the funds as stolen property was adequately pleaded and that these issues should be determined at…

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• Condictio Furtiva
• Unjustified Enrichment
• Tracing Of Stolen Funds
• Dolus Eventualis
• Pleading Requirements

Wessels v Capitec Bank Limited and Others (2024/030523)

Wessels v Capitec Bank Limited and Others (2024/030523) [2024] ZAGPPHC 390 (22 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/030523

Judge

Labuschagne

The applicant failed to establish a prima facie right to the anti-dissipation interdict sought. While the third respondent, as a cryptocurrency trader, had statutory obligations under FICA to verify client identity and report suspicious transactions, his failure to do so and indifference to the applicant's loss do not, in themselves, prove an intention to dissipate assets to frustrate her claim. The evidence does not support a finding that the third respondent is dealing with his assets with the requisite intention. In the absence of such evidence, the requirements for an interim interdict ar…

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• Interim Interdict
• Anti Dissipation Order
• Cryptocurrency Trading
• Financial Intelligence Centre Act
• Money Laundering
• Condictio Furtiva

Unified Payroll Limited v Just Patience (Pty) Ltd (054604/2022)

Unified Payroll Limited v Just Patience (Pty) Ltd (054604/2022) [2023] ZAGPPHC 1954 (23 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

054604/2022

Judge

Makhoba

The High Court dismissed a winding-up application after finding the respondent’s alleged debt was genuinely disputed on bona fide and reasonable grounds.

• Winding Up Proceedings
• Condictio Furtiva
• Aquilian Action
• Commercial Insolvency
• Locus Standi
• Disputed Debt

Bright Idea Projects 66 (Pty) Ltd t/a All Fuels v Former Way Trade and Invest (Pty) Ltd t/a Premier Service Station and Others (283/2018P)

Bright Idea Projects 66 (Pty) Ltd t/a All Fuels v Former Way Trade and Invest (Pty) Ltd t/a Premier Service Station and Others (283/2018P) [2023] ZAKZPHC 68 (28 July 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

283/2018P

Judge

Mossop

The court found that the applicant's principal claim based on the mandament van spolie was unsound in law, as the applicant did not possess the money in its bank account; the bank did. Since possession is essential for a spoliation claim, no other court would likely reach a different conclusion. The alternative claim based on condictio furtiva and the related counter application were adjourned and not finally determined, rendering them not appealable. The sixth and seventh respondents' counter application was correctly granted, as supported by relevant legal principles and case law. The appli…

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• Leave To Appeal
• Mandament Van Spolie
• Condictio Furtiva
• Bank Account Possession

Malebye Motaung Mtembu Attorneys v Ntozini and Others

Malebye Motaung Mtembu Attorneys v Ntozini and Others [2023] ZAGPPHC 543; 22775/2021 (11 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

22775/2021

Judge

A Maier-Frawley

The court found that the applicant, as the holder of the trust account into which Eskom deposited the settlement funds, had a direct and substantial interest in the recovery of the misappropriated funds. The applicant was duty bound to account to Eskom for the stolen funds and retained control over the trust account as principal. The fabricated settlement agreement was invalid and could not negate the applicant's standing. The court held that the applicant's locus standi was established, and it was entitled to restitution of the traceable funds from the relevant bank accounts. Declaratory rel…

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• Trust Account Liability
• Condictio Furtiva
• Unjust Enrichment
• Locus Standi
• Misappropriation Of Trust Funds
• Legal Practice Act Section 86

Bright Idea Projects 66 (Pty) Ltd t/a All Fuels v Former Way Trade and Invest (Pty) Ltd t/a Premier Service and Others (283/2018P)

Bright Idea Projects 66 (Pty) Ltd t/a All Fuels v Former Way Trade and Invest (Pty) Ltd t/a Premier Service and Others (283/2018P) [2023] ZAKZPHC 137; 2023 (6) SA 214 (KZP) (27 June 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

283/2018P

Judge

Mossop J

The court held that the applicant did not possess the funds reversed from its bank account, as ownership and possession of money in a bank account vests in the bank, not the account holder. The applicant's right was a personal right to payment, which is not protected by the mandament van spolie. The claim for specific performance of a contractual right cannot be enforced through spoliation proceedings. The alternative claim under the condictio furtiva was adjourned sine die, as the alleged theft or fraud could not be determined without hearing the first respondent's counter-application. The f…

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• Mandament Van Spolie
• Condictio Furtiva
• Bank Account Possession
• Liquidation Proceedings
• Specific Performance
• Contractual Dispute

Heraut Publiseerders (EDMS) Beperk v Louw (35115/2020)

Heraut Publiseerders (EDMS) Beperk v Louw (35115/2020) [2021] ZAGPJHC 764 (3 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

35115/2020

Judge

L R Adams

The High Court dismissed an exception to amended particulars of claim alleging vague and embarrassing pleadings and failure to disclose a cause of action.

• Exception Procedure
• Vague And Embarrassing Pleading
• Cause Of Action
• Fraud
• Theft
• Condictio Furtiva

Just Agronomics Group (Pty) Limited v Afropulse 466 (Pty) Limited and Others (24535/2020) (24535/2020)

Just Agronomics Group (Pty) Limited v Afropulse 466 (Pty) Limited and Others (24535/2020) (24535/2020) [2021] ZAGPJHC 16 (8 January 2021)

Court

South Gauteng High Court, Johannesburg

Case number

24535/2020

Judge

L R Adams

The applicant established a prima facie right to the proceeds of the sale of 900 tonnes of yellow maize, which were unlawfully appropriated by the respondents. The respondents failed to cast serious doubt on the applicant's case, and their contradictory explanations were unconvincing. The alleged cession and pledge in the lease agreement do not override the applicant's ownership rights, and the lease's validity and enforceability are doubtful. The harm to the applicant if interim relief is refused outweighs any prejudice to the respondents, especially as Servigraph is in business rescue and H…

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• Interim Interdict
• Preservation Order
• Condictio Furtiva
• Business Rescue
• Cession And Pledge

Kirsten v Strydom N.O and Others (41045/2017)

Kirsten v Strydom N.O and Others (41045/2017) [2020] ZAGPPHC 151 (14 May 2020)

Court

North Gauteng High Court, Pretoria

Case number

41045/2017

Judge

P.H. Kirstein

The High Court granted condonation and rescinded a default judgment against the applicant, finding a bona fide defence and no wilful default.

• Rescission Of Judgment
• Condonation
• Condictio Furtiva
• Default Judgment
• Service Of Process
• Rescission-of-judgment

Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (21830/2014)

Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (21830/2014) [2020] ZAGPJHC 111 (25 March 2020)

Court

South Gauteng High Court, Johannesburg

Case number

21830/2014

Judge

L R Adams

The High Court held Schenker vicariously liable for its employee’s theft of Fujitsu goods and found contractual exclusion clauses did not bar the delictual claim.

• Vicarious Liability
• Exclusionary Clauses
• Condictio Furtiva
• Contractual Interpretation
• Theft By Employee
• Vicarious-liability