South Africa: High Courts - Gauteng

NOT REPORTABLE

IN THE HIGH COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

JOHANNESBURG

CASE NO 7868/02

DATE:2005.08.05

In the matter between

STRANG INVESTMENTS NO.1 (PTY) LIMITED AND ANO..........................................Plaintiffs

and

BIDVEST GROUP LIMITED AND OTHERS............................................................. Defendants

JUDGMENT

WILLIS, J: I have before me the adjudication of a special plea. The underlying causa of the plaintiffs claim is a dividend of R1 487 000 which the first plaintiff avers should have been paid to it. The difficulty for the plaintiff is that it is common cause that there was a written deed of cession entered into between the first plaintiff and the second plaintiff and Strang Investments No.2 (Pty) Limited on 12 September 2002 in which it is clear and unequivocal that the first plaintiff ceded its rights to any dividend which had accrued.

It is to be noted that the deed of cession is not one in respect of which any of the defendants is a party. Nevertheless, nothing turns on this. The essential argument of Mr Bam, who appeared for the plaintiff, is that the claim is based upon an enrichment action, and that therefore the cession is entirely irrelevant. I disagree. If A pays a sum of money to B, which C asserts should have been paid to it, I do not see how C can claim that B has been enriched at C's expense. That essentially is the nub of the case upon which the plaintiffs, according to the argument of Mr Bam, seek to rely. Clearly it has no merit, and in my view the special plea must be upheld.

The following order is made:

1 .The special plea is upheld.

2.The plaintiff's claim is dismissed with costs.

ON BEHALF OF THE PLAINTIFFS: ADV BAM

ON BEHALF OF THE DEFENDANTS:ADV CASSIM