The plaintiff bank gave a loan to a trust at a time when there were only two trustees instead of the requisite three to bind the trust. The bank conceded that therefore the loan agreement and mortgage bond were invalid. The bank sued under an enrichment claim that the trust was enriched to the extent
Enrichment claim
No general enrichment claim is recognised in South African law
By Patrick Bracher (ZA) on
The Supreme Court of Appeal has reaffirmed that there is no general enrichment action recognised in South African law. The fact that one person is enriched at the expense of another does not automatically give rise to a claim for damages for loss suffered to the benefit of another person.
Enrichment actions may be specifically…