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High Court of South Africa North-West, Mafikeng

The Judges currently serving on duty at the North West High Court are:

Hon. Judge President RD Hendricks
Hon. Deputy Judge President Djaje
Hon. Judge Petersen
Hon. Judge Reid
Hon. Judge Mfenyana
Hon. Judge Reddy

1 judgment

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1 judgment

Citation	Judgment date
July 2023
Drilltec (Proprietary) Limited v E & M Tshwragano Joint Venture (Proprietary) Limited and Another (UM157/2023) [2023] ZANWHC 602 (31 July 2023) Applicant entitled to urgent final interdict compelling repayment of mistakenly transferred funds despite separate anti‑dissipation proceedings. Banking law – mistaken EFT payment – final interdict to compel reversal; anti‑dissipation order and liquidation proceedings not a bar to correcting an erroneous transfer; requirements for final interdict (clear right, injury, no alternative remedy); punitive costs where respondent acts mala fide.	31 July 2023

Citation

Judgment date

July 2023

Drilltec (Proprietary) Limited v E & M Tshwragano Joint Venture (Proprietary) Limited and Another (UM157/2023) [2023] ZANWHC 602 (31 July 2023)

Applicant entitled to urgent final interdict compelling repayment of mistakenly transferred funds despite separate anti‑dissipation proceedings.

Banking law – mistaken EFT payment – final interdict to compel reversal; anti‑dissipation order and liquidation proceedings not a bar to correcting an erroneous transfer; requirements for final interdict (clear right, injury, no alternative remedy); punitive costs where respondent acts mala fide.

31 July 2023