South Africa Case Law

Pelser N.O. and Another v Lessing N.O. and Others (5034/2013)

Pelser N.O. and Another v Lessing N.O. and Others (5034/2013) [2014] ZAGPPHC 521 (25 July 2014)

Court

North Gauteng High Court, Pretoria

Case number

5034/2013

Judge

Prinsloo

The court held that where delictual liability was incurred by one spouse during the marriage in community of property, and not paid during the marriage, such liability must be borne after dissolution by the guilty spouse alone. Section 19 of the Matrimonial Property Act does not provide for recovery from the joint estate after divorce. The division of the joint estate was finalised by agreement between the parties, and the second respondent is entitled to her half-share of the proceeds of the Valhalla property. The applicants' claims for the lost investment and misappropriated executor's fees…

Source excerpt

• Matrimonial Property Act
• Division Of Joint Estate
• Delictual Liability
• Executor Misconduct
• Insolvent Estate Distribution

Lombard Insurance Company Ltd v Firstrand Bank Ltd and Others (09/35913)

Lombard Insurance Company Ltd v Firstrand Bank Ltd and Others (09/35913) [2011] ZAGPJHC 211 (8 February 2011)

Court

South Gauteng High Court, Johannesburg

Case number

09/35913

Judge

Meyer

The court found that Lombard suffered a loss due to the fraudulent transfer of funds by its employee, Manickum, to her accounts at FNB and ABSA. Upon learning of the illegality, both banks were in possession of substantial amounts traced to the stolen funds. The condictio ob turpem vel iniustam causam applies, as the banks were enriched at Lombard's expense and the enrichment was unjustified. The credits to Manickum's accounts, whether extinguishing debts or increasing balances, may validly be reversed, and neither bank established that it was not ultimately enriched. The trustees of the inso…

Source excerpt

• Condictio Ob Turpem Vel Iniustam Causam
• Unjust Enrichment
• Fraudulent Transfer
• Tracing Of Stolen Funds
• Bank Liability
• Insolvent Estate Distribution

Land- en Landbou Ontwikkelings-Bank h/a Landbank v Meester van die Hooggeregshof (Vrystaatse Provinsiale Afdeling) and Others (1074/2004)

Land- en Landbou Ontwikkelings-Bank h/a Landbank v Meester van die Hooggeregshof (Vrystaatse Provinsiale Afdeling) and Others (1074/2004) [2004] ZAFSHC 126 (26 August 2004)

Court

Free State High Court, Bloemfontein

Case number

1074/2004

Judge

G Van Coppenhagen

A secured creditor’s objection to a liquidation and distribution account was dismissed because its proof of claim did not rely exclusively on the security.

• Insolvent Estate Distribution
• Secured Creditor Contribution
• Liquidation Account Objection
• Insolvent-estate-distribution
• Secured-creditor-contribution
• Liquidation-account-objection

Sentraalwes (Koop) Bpk v Meester van die Hooggeregshof en Andere (241/90)

Sentraalwes (Koop) Bpk v Meester van die Hooggeregshof en Andere (241/90) [1992] ZASCA 9; 1992 (3) SA 86 (AD); [1992] 2 All SA 39 (A) (5 March 1992)

Court

Supreme Court of Appeal

Case number

241/90

Judges

C P Joubert, E M Grosskopf, Vivier, F H Grosskopf, Van Coller

Section 88 of the Insolvency Act 24 of 1936 does not apply to special notarial bonds over specified movable property that do not confer any preference, as such bonds do not grant a statutory or common law preference over the free residue of the insolvent estate. The appellant's claim, secured by a special notarial bond, was correctly treated as a concurrent claim by the trustees, notwithstanding their erroneous reliance on section 88. The legislative intent and previous judicial interpretation confirm that only bonds conferring preference are subject to section 88, and the special notarial bo…

Source excerpt

• Insolvent Estate Distribution
• Special Notarial Bonds
• Preferent Claims
• Interpretation Of Statutes