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[24] It is now necessary to consider to what extent, if any, the position of Maple as against FNB differed from Dambha’s position as against Nedbank. Payment is a bilateral juristic act requiring the meeting of two minds (Burg Trailers SA (Pty) Ltd and Another v Absa Bank Ltd and Others 2004 (1) SA 284 (SCA) at 289B). Where A hands over money ...
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CASE NO: 27/2004 In the matter between : NISSAN SOUTH AFRICA...
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Status: Immediate. NISSAN SOUTH AFRICA (PTY) LIMITED v MARNITZ, NADIA N., KEEVY, KAREN N. AND FIRSTRAND BANK LIMITED. Please note that the media summary is intended for the benefit of the media and does not form part of the judgment of the Supreme Court of Appeal.
This is a case summary of the Nissan v Marnitz judgement, which concerns the issue of an unauthorised EFT and whether the bank may reverse the credit entry of
The Supreme Court of Appeal today upheld an appeal by Nissan South Africa (Pty) Ltd against a judgment of the Witwatersrand Local Division of the High Court.
11104 (2004 (1) SA 284) (SCA) 126 Commissioner of Customs and Excise v Bank of Lisbon International Ltd and another 1994 (1) SA 205 (N) 123 Commissioner, South African Revenue Service, and another v Absa Bank Ltd and another [2003] JOL 11072 (2003 (2) SA 96) (W) 123 R v Oelsen 1950 (2) PH H198 127 S v Graham 1975 (3) SA 569 (A) 127
nissan south africa (pty) limited v marnitz, nadia n.o. & 2 others, case no: (27/2004), (1 october 2004) size: 171.79 kb
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
