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South Africa decisions
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Remitto (Pty) Ltd v Bresler Boerdery (Pty) Ltd and Another - Leave to Appeal (2412/2023) [2023] ZAFSHC 309 (3 August 2023)
Leave to appeal was dismissed in a dispute over R1.3 million paid by mistake into a liquidated company’s bank account, with the court finding no prospects of success.
Drilltec (Proprietary) Limited v E and M Tshwragano Joint Venture (Proprietary) Limited and Another (UM157/2023) [2023] ZANWHC 220 (31 July 2023)
Urgent final interdict granted to recover money mistakenly paid to the wrong company, with the bank authorised to reverse the transfer if needed.
Bresler Boerdery (Pty) Ltd v Remitto (Pty) Ltd and Another (2412/2023) [2023] ZAFSHC 191 (24 May 2023)
The court found that the payment of R1,300,000.00 by the applicant into the account of Remitto (Pty) Ltd was a bona fide error, and there was no underlying debt or obligation between the applicant and Remitto (Pty) Ltd. The funds did not form part of the insolvent estate and should not be withheld by the liquidators for investigative purposes. The legal principles established by the Supreme Court of Appeal dictate that payment made in error does not entitle the recipient to the funds, and the applicant retains ownership. The prejudice to the applicant if the funds were not returned would be s…
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Mhlongo v Farraque and Others (43344/21) [2022] ZAGPPHC 64 (15 February 2022)
The High Court dismissed an application for leave to appeal, holding that the applicant had not shown reasonable prospects of success or another compelling reason.
Farraque v Mhlongo In re: Mholongo v Farraque and Others (43344/21) [2021] ZAGPPHC 850 (17 November 2021)
The High Court discharged two rule nisi orders and dismissed an urgent ex parte application after finding material non-disclosure and inconsistent affidavits.
Sentrachem Limited v Terreblanche (237/2016) [2017] ZASCA 16 (22 March 2017)
The Supreme Court of Appeal held that the substitution of Sentrachem as plaintiff after cession did not amount to the institution of new proceedings and did not affect the interruption of prescription. The debt remained unchanged, and the original summons served on the respondent interrupted prescription. The cessionary, upon substitution, acquired all rights and obligations of the cedent, including locus standi to pursue the claim. The impoverishment was proved as the right to claim was properly ceded, and Sentrachem bore the risk and expenses of prosecuting the claim. The special plea of pr…
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Capricorn Beach Home Owners Association v H.E.S. Potgieter t/a Nilands and Another (752/2012) [2013] ZASCA 116; 2014 (1) SA 46 (SCA) (19 September 2013)
The Supreme Court of Appeal held that an erroneously transferred payment had to be refunded; set-off failed because the parties were not mutually indebted.
George v MEC of Health, Eastern Cape (179/2008) [2010] ZAECMHC 1 (4 February 2010)
The High Court held that monthly salary deductions to recover an erroneous payment were unlawful and ordered repayment and restoration of the applicant’s salary.
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