Johannes TH van Niekerk v Liberty Group Limited (1392/2018) [2020] ZASCA 65 (15 June 2020)

Flynote

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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