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South Africa Case Law

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Civil Procedure [2024] ZASCA 39

Mhlari NO and Others v Nedbank Limited (251/2023)

Mhlari NO and Others v Nedbank Limited (251/2023) [2024] ZASCA 39 (4 April 2024)

Court
Supreme Court of Appeal
Case number
251/2023
Judges
Gorven, Matojane, Coppin, Smith, Keightley

The SCA held that a trust loan was void for lack of trustee capacity, but Nedbank’s unjust enrichment claim succeeded because its mistake was reasonable and excusable.

  • Unjust Enrichment
  • Condictio Indebiti
  • Condictio Sine Causa Specialis
  • Trustee Capacity
  • Prescription Act
  • Mortgage Bond Cancellation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.