South Africa Case Law

Royal Bafokeng Resources (Pty) Lyd and Others v Bambatha Engineering and Mining Services (Pty) Ltd and Others (2266/2020)

Royal Bafokeng Resources (Pty) Lyd and Others v Bambatha Engineering and Mining Services (Pty) Ltd and Others (2266/2020) [2022] ZANWHC 48 (2 June 2022)

Court

North West High Court, Mafikeng

Case number

2266/2020

Judge

T Djaje

The court dismissed exceptions to particulars of claim in a delictual action alleging conspiracy, bribery and fraud linked to a mining services contract.

• Exception To Particulars Of Claim
• Aquilian Liability
• Conspiracy To Defraud
• Bribery And Corruption
• Money Laundering
• Economic Loss

First National Bank of Southern Africa Ltd v Perry NO and Others (100/99)

First National Bank of Southern Africa Ltd v Perry NO and Others (100/99) [2001] ZASCA 37; [2001] 3 All SA 331 (A); 2001 (3) SA 960 (SCA) (26 March 2001)

Court

Supreme Court of Appeal

Case number

100/99

Judges

Schutz, Hefer, Zulman, Brand, Nugent

The Supreme Court of Appeal held that the particulars of claim, though convoluted, disclosed a cause of action in unjustified enrichment against Nedbank. The condictio ob turpem vel iniustam causam applies not only where the defendant has knowledge of unlawfulness at the time of receipt, but also where such knowledge is acquired while still in possession. The court found that Nedbank's liability for enrichment is a matter for trial and not exception, and that the allegations against the Trust and Repsta, though barely sufficient, established a cause of action for conspiracy to defraud. The ex…

Source excerpt

• Unjustified Enrichment
• Condictio Ob Turpem Vel Iniustam Causam
• Bank Liability For Stolen Funds
• Exception Procedure
• Conspiracy To Defraud