From: The Registrar, Supreme Court of Appeal

NISSAN SOUTH AFRICA (PTY) LIMITED v MARNITZ, NADIA N.O., KEEVY, KAREN N.O. 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.

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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. 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. Maple Freight thereupon transferred the amount to its bank account with FNB.

The High Court held that FNB had to pay the funds over to Maple Freight (in liquidation) and not to Nissan and that Nissan only had a concurrent claim against the insolvent estate of Maple Freight.

In upholding the appeal against the judgment of the High Court the SCA held that Maple Freight did not become entitled to the funds credited to its account. Any appropriation of the funds by Maple Freight, with knowledge that it was not entitled to deal with the funds, would have constituted theft. The funds, therefore, had to be paid to Nissan and not to the liquidators of Maple Freight.