South Africa Case Law

Amberfield Glen Home Owners Association (NPC) v Body Corporate of Onyx Park (69726/2015)

Amberfield Glen Home Owners Association (NPC) v Body Corporate of Onyx Park (69726/2015) [2017] ZAGPPHC 782 (24 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

69726/2015

Judge

Cox

The High Court held that a body corporate was liable for levies calculated by the number of living units on its erf and ordered payment of arrears, interest, and costs.

• Levy Calculation
• Sectional Titles Act
• Memorandum Of Incorporation
• Joint And Several Liability
• Home Owners Association
• Conditio Indebiti

Denel Soc Lilited t/a Denel Aviation and Another v Mafalo and Another (39859/2015)

Denel Soc Lilited t/a Denel Aviation and Another v Mafalo and Another (39859/2015) [2016] ZAGPPHC 284 (9 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

39859/2015

Judge

Majikij

The court found that the overpayment to the first respondent was the result of a bona fide clerical error and that the requirements for the application of conditio indebiti were satisfied. The first respondent failed to provide a credible explanation for his conduct after receiving the funds and did not act in good faith. The defence of non-enrichment was rejected, as the respondent did not adequately account for the use of the funds and his account was frozen only after notification of the error. The court held that the applicants were entitled to recover the overpaid amount and that the pen…

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• Conditio Indebiti
• Overpayment Of Salary
• Pension Fund Deduction
• Gross Dishonesty
• Recovery Of Erroneous Payments

Murray t/a G-Tech v Mpumalanga Economic Growth Agency (16360/09)

Murray t/a G-Tech v Mpumalanga Economic Growth Agency (16360/09) [2014] ZAGPPHC 352 (13 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

16360/09

Judge

Tlhapi V.V

The High Court postponed an exception challenging an alternative unjust-enrichment claim, deciding it should be argued with the merits at trial.

• Unjust Enrichment
• Conditio Indebiti
• Exception To Pleading
• Public Procurement
• Roman Dutch Law
• Unjust-enrichment

Van Zyl v Old Mutual Life Assurance Company (A133/2013)

Van Zyl v Old Mutual Life Assurance Company (A133/2013) [2013] ZAFSHC 194 (31 October 2013)

Court

Free State High Court, Bloemfontein

Case number

A133/2013

Judges

Mocumie, Lekale

The court found that the appellant failed to provide any tangible or plausible explanation for the inordinate delay in prosecuting the appeal, despite having received the transcribed record from the respondent. The explanations offered were not supported by affidavit and contradicted the documented communications. The interests of justice did not warrant condonation, as the appellant's prospects of success were non-existent. The respondent only became aware of the undue payments in January 2009, and there was no evidence that it could reasonably have known earlier. The appellant's attempt to…

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• Condonation For Late Appeal
• Conditio Indebiti
• Prescription
• Uniform Rules Of Court Rule 50

ER v LB (2237/2013)

ER v LB (2237/2013) [2013] ZAWCHC 161 (11 September 2013)

Court

Western Cape High Court, Cape Town

Case number

2237/2013

Judge

N P Boqwana

The applicant failed to establish that the payments made to the respondent were excusable mistakes or made under duress. The evidence indicated that the parties had agreed, at least tacitly, to annual escalation of maintenance based on inflation, and the applicant's conduct in making increased payments over several years supported the respondent's version. The omission of the escalation clause from the written order was an oversight, not a repudiation of the agreement. The payments were made for the maintenance of the children, not for the respondent's personal enrichment, and there was no ev…

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• Unjustified Enrichment
• Maintenance Orders
• Conditio Indebiti
• Public Policy
• Variation Of Settlement Agreement

Molema Projects and Developers CC v L F Bantjies Civil t/a Elcon Civil (853/2011)

Molema Projects and Developers CC v L F Bantjies Civil t/a Elcon Civil (853/2011) [2012] ZANCHC 33 (17 February 2012)

Court

Northern Cape High Court, Kimberley

Case number

853/2011

Judge

Olivier

The court upheld an exception to particulars of claim for vagueness and embarrassment in a condictio indebiti claim, and allowed amendment within 15 days.

• Exception Procedure
• Vague And Embarrassing Pleading
• Conditio Indebiti
• Contractual Entitlement
• Exception-procedure
• Vague-and-embarrassing-pleading

Nelson Mandela Bay Metropolitan Municipality v Hewitt-Coleman and Others (145/01)

Nelson Mandela Bay Metropolitan Municipality v Hewitt-Coleman and Others (145/01) [2010] ZAECPEHC 47 (27 July 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

145/01

Judge

Mhlantla

The High Court held that the municipality could not recover alleged overpayments to consultants under condictio indebiti because its officials acted with gross negligence.

• Conditio Indebiti
• Agency Authority
• Parol Evidence Rule
• Municipal Liability
• Professional Fees
• Excusable Mistake