Nelwamondo and Another v Standard Bank of South Africa Limited and Another (768/2015)
Nelwamondo and Another v Standard Bank of South Africa Limited and Another (768/2015) [2016] ZALMPTHC 9 (15 March 2016)
The court found that paragraph 4 of the final consent order of 25 February 2013 contained a patent error, incorrectly referring to the 'first respondent' instead of the 'second respondent', and that this error was common to both parties. The true intention, as reflected in the interim order and surrounding circumstances, was not to interdict the first applicant from operating the second applicant's bank account. The application was not a variation but a clarification and correction of the order to give effect to the parties' original intention. The court exercised its powers under rule 42(1)…
Source excerpt
- Variation Of Court Order
- Joint Signatory Rights
- Rule 42 Uniform Rules
- Bank Account Access
- Consent Order Interpretation