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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 1179

Bruni N.O and Another v Daytona Group Holding (Pty) Limited and Others (2021/59310)

Bruni N.O and Another v Daytona Group Holding (Pty) Limited and Others (2021/59310) [2024] ZAGPJHC 1179 (18 November 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2021/59310
Judge
Gilbert AJ

The court held that the plaintiffs' particulars of claim sufficiently allege that the first and second defendants appropriated the stolen monies with the requisite intent, specifically dolus eventualis, by knowingly receiving funds not due to them and failing to return them. The pleadings establish that the defendants acted as 'takers' for purposes of the condictio furtiva, even though the funds were received via a conduit entity and may have been co-mingled. The court found that the character of the funds as stolen property was adequately pleaded and that these issues should be determined at…

Source excerpt

  • Condictio Furtiva
  • Unjustified Enrichment
  • Tracing Of Stolen Funds
  • Dolus Eventualis
  • Pleading Requirements
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Banking And Finance [2011] ZAGPJHC 211

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
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.