Court : South Africa Supreme Court of Appeal
..... the words on the face of the paper money, i will pay to the bearer on demand? ..... assuming again that notice of the nature of foreign banknotes can be taken, the argument ignores entirely the history of money and central banking.11the promises to pay to bearer that were contained in some banknotes cannot today be regarded as promissory notes embodying an incorporeal right against the issuing bank. ..... , cannot alter its character as money and turn it into a different document which calls for the payment of money. ..... in the bank of canada v the bank of montreal et al12laskin cjc said: what is said to be an unconditional promise to pay a sum certain in money is itself money. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the age of electronic communication has changed all that by eliminating the paper and enabling the exchange of money to occur in seconds, but the essential principles remain the same. ..... [4] by the time the matter came to trial standard bank had terminated the allegedly infringing features of mtn mobile money (on 13 january 2012) and the claim for an interdict fell away. ..... it and standard bank are equal owners of mtn mobile money holdings (pty) of which oltio (pty) ltd the third appellant is a subsidiary. ..... [15] payment is now most commonly made either through the use of a bank card, on which details of the bank account are embedded, or by transferring money electronically through the internet. ..... alleging the mtn mobile money system infringed its patent, it launched proceedings in the court of the commissioner of patents, alleging that all the appellants were infringing, either directly or indirectly, and claiming an interdict and an enquiry into damages, alternatively a reasonable ..... [2] for some time oltio operated a system known as mtn mobile money. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... but the right to the use of this money would endure only if she remained unmarried. ..... in her founding papers the appellant says that she and the mr jakins were mindful of this fact when they concluded the anc, which conferred the benefit on her. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... no later than five weeks from the date of this order to furnish to the employees of the respondent in each application a copy of the application papers in that application and within one week thereafter to deliver an affidavit setting out details of when and in what manner they have complied with this order. ..... no later than five weeks from the date of this order to furnish to the employees of the company in each application a copy of the application papers in that application and within one week thereafter to deliver an affidavit setting out details of when and in what manner they have complied with this order ..... , require a different and more effective method to be adopted.13similarly if the applicant in its affidavit dealing with these matters indicates that it has been unable to furnish the application papers to the employees by following the methods indicated in that section, the court should direct the manner of service to be followed in order to achieve the statutory purpose. ..... connection between the two and no need to turn a helpful indication by the legislature of the ways in which the application papers can be furnished to the employees into a peremptory requirement, non-compliance with which affords the company a ground for defeating the ..... 12] the contrary conclusion in corporate money managers (pty) ltd and others v panamo properties 49 (pty) ltd9overlooked the difference in wording between ss ..... corporate money managers (pty) ltd and others v panamo properties 49 (pty) ltd .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... it was directed solely at firstrands receipt of the money,to which firstrand was not entitled. ..... it was conceded that this was an enrichment claim which had never been advanced on the papers. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [3] the high court (spilg j) held that irwings cancellation was good and dismissed mnganis claim.1it also held that whilst mngani was entitled to recover the moneys it had paid towards the purchase price of the property, irwing had demonstrated prima facie that it had suffered damages in an amount of r6.587 million, after it had resold the property to a third party for some r8.5 million ..... [4] the high court thus referred irwings counterclaim for trial and postponed judgment in respect of mnganis claim for repayment of the moneys (r5.375 million) it had paid towards the purchase price of the property pending adjudication of irwings counterclaim; it also ordered irwing to pay this amount into a trust account of an attorney in the interim. ..... was invalid the further question that arose was whether irwings purported cancellation amounted to a repudiation of the agreement entitling mngani itself to cancel the agreement, which it purported to do three days later, and recover the moneys it had paid towards the purchase price, ie r5.375 million. ..... generally the claim and counterclaim must sound in money.2in granting such an application for postponement, the court has a discretion which must be judicially exercised.3normally the court will not give judgment on a claim before the counterclaim has been determined because if conflicting ..... the only basis upon which the court below could have considered granting such an order, was, if there appeared from the papers some factual basis to do so. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... it is, however, manifest from the record that neither the payments made by them to themselves which grancy claims constituted a diversion of moneys destined for smi (and thus the ultimate benefit of all its shareholders) nor the irregularities reported on by smis internal auditors are in dispute. ..... [35] this then brings me to the questions whether grancy has established conduct of the nature contemplated in s 163 of the act and whether the relief that it seeks has been properly formulated on the papers.7i have already dealt above with the allegations made by grancy against the respondents. ..... or a visible departure from the standards of fair dealing and a violation of the conditions of fair play on which every shareholder who entrusts his money to a company is entitled to rely? . . . ..... fourth, that the denials on the papers by manala and gihwala of the allegations of impropriety imputed to them by grancy created a genuine dispute of fact that rendered the matter incapable of resolution on the papers. ..... at this juncture to deal with the contention of the respondents counsel that the denials of the appellants allegations by manala and gihwala are not of such a nature that a court would be justified in rejecting their evidence on the papers. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the amount by which the property will in due course be found to have been increased in value, up to the amount claimed by the person asserting the lien (or such lesser amount as the court might be able to determine on the papers as being the maximum amount for which the lien is maintainable), and ask a court to exercise its discretion to order delivery of the property to him/her against provision of such security: hochmetals africa (pty) ltd v otavi ..... cases, where there has been performance under a void contract, a party would have no option but to sue for restitution and tender restitution of what he or she has received pursuant to the contract, for example where money has been paid or where the party is not the owner of an article delivered by him or her under the contract. ..... the appellant has already instituted a claim in the western cape highcourt for repayment of the money and it seems to me more appropriate for the respondents liability to be decided in those proceedings ..... that means that the appellant has an action for the money; it does not mean that the respondents were obliged to tender the return of the money to complete their cause of action. ..... so far as the claim for necessary expenses is concerned, rhoode would have a claim for reimbursement for expenditure of money or material on the preservation of the property. ..... have produced no acceptable evidence to establish whether the property has been improved in value, nor have i disclosed what i expended in money or materials. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... he was legally represented throughout the proceedings and r150 000 of the moneys subject to the restraint order were released by the ndpp for the payment of legal costs. ..... rossouw stated in his reply that the de vries statement, if attached to court papers, might prejudice his criminal trial and those of the other accused. ..... by the time the court below had seen the papers they had multiplied: not only were more facts placed on record by the ndpp but van staden himself had responded with four affidavits opposing confirmation and rebutting the affidavits deposed to on behalf of the ..... blignault j held that the ndpp had been in breach of his obligation to act fairly by relying on the oral evidence of de vries and not providing his affidavit in the papers that served in the application for the order ex parte. ..... the ndpp has shown on the papers, on the probabilities, that vat fraud was committed by at least three companies of which van staden is a director, and also the chief executive officer; that he must have had personal knowledge of the fraud because of his ..... it was not filed with the court papers for the reasons given below. ..... nor are van stadens allegations about being reduced to penury substantiated in the papers. ..... van staden cannot have been ignorant of the source of such a large amount of money. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [12] a real lien (an enrichment lien) is afforded a person who has expended money or labour on anothers property without any prior contractual relationship between the parties. .....
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