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  1. 1 The appeal is upheld with costs including the costs of two counsel. Such costs are to be paid by the first and second respondents and the intervening party jointly and severally. 2 The order of the court a quo is set aside and replaced with the following order:

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      CASE NO: 27/2004 In the matter between : NISSAN SOUTH AFRICA...

  2. In terms of the judgment a claim by Nissan South Africa (Pty) Ltd for the payment of an amount standing to the credit of Maple Freight CC (in liquidation) with First National Bank was dismissed. Nissan, by mistake, paid an amount into an incorrect bank account being the bank account of Maple Freight with Standard Bank.

  3. nissan south africa (pty) limited v marnitz, nadia n.o. & 2 others, case no: (27/2004), (1 october 2004)

  4. Nissan South Africa (Pty) Ltd v Marnitz and Others 2005 (SCA) Facts: On its customer's (the appellant's) instructions, Firstrand Bank Ltd (FNB) (the third respondent) transferred an amount in excess of R12 E million from the appellant's account to an account held by one of the appellant's creditors, TSW, at the Standard Bank ...

  5. cases of First National Bank of Southern Africa Ltd v Perry NO1 and Nissan South Africa (Pty) Ltd v Marnitz NO,2 a development in our law had taken place in terms of which a bank which has credited a thief’s account with the proceeds of stolen money is liable to the owner of the money because it has no obligation to account to its

  6. In terms of the judgment a claim by Nissan South Africa (Pty) Ltd for the payment of an amount standing to the credit of Maple Freight CC (in liquidation) with First National Bank was dismissed. Nissan, by mistake, paid an amount into an incorrect bank account being the bank account of Maple Freight with Standard Bank.

  7. Nissan South Africa (Pty) Ltd v Marnitz NO and others (Stand 186 Aeroport (Pty) Ltd intervening) [20 Case summary of the Nissan case, that dealt with the reversal of funds... View more

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