South Africa Case Law

Royal Bafokeng Nation and Others v Absa Bank Ltd and Others (38843/12)

Royal Bafokeng Nation and Others v Absa Bank Ltd and Others (38843/12) [2013] ZAGPJHC 82 (22 February 2013)

Court

South Gauteng High Court, Johannesburg

Case number

38843/12

Judge

Willis

The application was dismissed because the applicants failed to establish a clear right, title and interest in the funds held under Sanlam Investment Company 5096410. The funds were not sufficiently earmarked as belonging to the applicants, and the cession by the attorneys to the first respondent was valid and effective against the world, including the first respondent. Even if the cession was invalid, the first respondent would have a common law right to retain the funds until any prejudice was cured. The first respondent acted bona fide and was not put on enquiry regarding the legitimacy of…

Source excerpt

• Quasi Vindicatory Claim
• Cession In Securitatem Debiti
• Attorneys Trust Accounts
• Earmarking Of Funds
• Common Law Right Of Retention

Cherangani Trade & Invest 113 (Pty) Ltd t/a Brocor v Iannone and Another (447/2009)

Cherangani Trade & Invest 113 (Pty) Ltd t/a Brocor v Iannone and Another (447/2009) [2009] ZAFSHC 45 (26 March 2009)

Court

Free State High Court, Bloemfontein

Case number

447/2009

Judge

Kruger

The court discharged a rule nisi and dismissed an interim interdict sought to preserve alleged commission funds pending an action.

• Interim Interdict
• Anti Dissipation Order
• Commission Claim
• Earmarking Of Funds
• Interim-interdict
• Anti-dissipation-order