South Africa Case Law

Nedbank Limited v Mabena (A324/16)

Nedbank Limited v Mabena (A324/16) [2017] ZAGPPHC 125 (30 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

A324/16

Judges

Molahlehi, Mathie, Davis

The court found that the appellant's claim against the respondent was liquidated, as it was based on the misappropriation of a specific sum of money (R1,361,454.44) from the deceased estate. The respondent's defence that he acted only as director of Morua was rejected, as the evidence showed he personally participated in the misappropriation and acknowledged liability. The Administration of Estates Act imposes personal liability on executors and agents who unlawfully distribute estate funds. The respondent's admissions and conduct established personal liability and satisfied the requirements…

Source excerpt

• Sequestration Proceedings
• Liquidated Claim
• Personal Liability Of Agent
• Administration Of Estates Act
• Fraudulent Misrepresentation

Slaley Cellars (Pty) Ltd v Tom Edward Wittenberg t/a Confluence Wine Importers (4740/2010)

Slaley Cellars (Pty) Ltd v Tom Edward Wittenberg t/a Confluence Wine Importers (4740/2010) [2012] ZAWCHC 164 (24 August 2012)

Court

Western Cape High Court, Cape Town

Case number

4740/2010

Judge

Olivier, AJ

The High Court held Wittenberg personally liable for wine supplied under the trade name Confluence Wine Importers, because he did not disclose any principal.

• Agency Liability
• Undisclosed Principal
• Sale Of Goods
• Personal Liability Of Agent
• Agency-law
• Undisclosed-principal

Van Eeden and Another v Engelbrech (2590/2002)

Van Eeden and Another v Engelbrech (2590/2002) [2002] ZAFSHC 21 (3 December 2002)

Court

Free State High Court, Bloemfontein

Case number

2590/2002

Judge

Hancke, R

The court confirmed a final sequestration order, finding a proved liquidated claim, acts of insolvency, and benefit to creditors arising from an unlawful investment scheme.

• Insolvent Estate Sequestration
• Fraudulent Misrepresentation
• Unlawful Pyramid Scheme
• Personal Liability Of Agent
• Condictio Ob Turpem Causam
• Unjust Enrichment