The Condictio Indebiti: The excusable mistake
South African law makes provision for the fact that a person should, in principle, be entitled to institute an action for restitution where their estate was impoverished without justification. An action for unjustified enrichment may exist if a Plaintiff transferred value to the Defendant and: The Defendant was enriched; The Plaintiff was impoverished; The Defendant’s enrichment was at the expense of the Plaintiff; The enrichment […]
Analysis of important recent cases
A recent judgment by a full bench of the Kwazulu-Natal High Court has revitalized the debate whether an amendment to a pleading should be allowed if the claim, as amended, has prescribed. In Heramoney Salligram and Others v Nalin Salligram and Others, [2019] ZAKZPHC 63 (20 September 2019), the court was presented with a case […]