- Flynote
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Unjustified enrichment – condictio indebiti – overpayment of benefit
under insurance policy – written cession of portion of benefit by beneficiary to secure debt – cession registered with insurer – debt still unpaid – full benefit paid to beneficiary – insurer paid under bona fide but mistaken belief – amount of benefit ceded paid to cessionary – debt still unpaid – overpayment to beneficiary excusable error – indebite – overpayment recoverable.
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Cited documents 1
Judgment 1
1. | Grobler v Oosthuizen (299/2008) [2009] ZASCA 51 (26 May 2009) | 9 citations |
Documents citing this one 1
Judgment 1
1. | PRASA Corporate Real Estate Solutions (CRES) v Community Property Company (Pty) Ltd and Another (384/2023) [2024] ZASCA 35 (28 March 2024) |