Benning v Union Government (Minister of Finance)
| Jurisdiction | South Africa |
| Judge | Lord De Villiers CJ and Innes JA |
| Judgment Date | 09 July 1914 |
| Citation | 1914 AD 420 |
| Hearing Date | 04 July 1914 |
| Court | Appellate Division |
Lord De Villiers, C.J.:
The application for leave to appeal must be refused on the ground that such an appeal would be bound to fail. If the action is regarded as a condictio indebiti to recover money paid in ignorance of law, there is ample authority for holding that such ignorance by itself affords no sufficient ground for the claim. If, on the other hand, the action is regarded as a claim for a restitutio in integrum on the ground that the payment of customs duty made by the plaintiff was an involuntary payment forced from him by duress, then it is clear that the evidence wholly fails to...
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16 practice notes
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Willis Faber Enthoven (Pty) Ltd v Receiver of Revenue and Another
...issue the learned Judge considered himself bound by D the decisions in Rooth v The State (1888) 2 SAR 259 and Benning v Union Government 1914 AD 420, and consequently came to the conclusion that, because the appellant's mistake in paying the first respondent was a mistake of law, it was pre......
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Commissioner for Inland Revenue v First National Industrial Bank Ltd
...v Gowar 1915 AD 426; Port Elizabeth Municipality v Uitenhage Municipality 1971 (1) SA 724 (A) E at 741 - 2; Benning v Union Government 1914 AD 420. As to whether the appellant was in mora, see West Rand Estates v New Zealand Insurance CO 1926 AD 173 at 183 and 196 - 7; Johnston v Harrison 1......
-
Willis Faber Enthoven (Pty) Ltd v Receiver of Revenue and Another
...issue the learned Judge considered himself bound by D the decisions in Rooth v The State (1888) 2 SAR 259 and Benning v Union Government 1914 AD 420, and consequently came to the conclusion that, because the appellant's mistake in paying the first respondent was a mistake of law, it was pre......
-
Salandia (Pty) Ltd v Vredenburg-Saldanha Municipality
...will not found a condictio indebiti. I Rooth v The State (1888) 2 SAR 259 has been considered to lay this down. Benning v Union Government 1914 AD 420 at 422; Estate Delponte v Barnes and Another 1910 CPD 118 at 126; Heydenrych v Standard Bank 1924 CPD 335 at 339; Miller and Others v Bellvi......
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16 cases
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Willis Faber Enthoven (Pty) Ltd v Receiver of Revenue and Another
...issue the learned Judge considered himself bound by D the decisions in Rooth v The State (1888) 2 SAR 259 and Benning v Union Government 1914 AD 420, and consequently came to the conclusion that, because the appellant's mistake in paying the first respondent was a mistake of law, it was pre......
-
Commissioner for Inland Revenue v First National Industrial Bank Ltd
...v Gowar 1915 AD 426; Port Elizabeth Municipality v Uitenhage Municipality 1971 (1) SA 724 (A) E at 741 - 2; Benning v Union Government 1914 AD 420. As to whether the appellant was in mora, see West Rand Estates v New Zealand Insurance CO 1926 AD 173 at 183 and 196 - 7; Johnston v Harrison 1......
-
Willis Faber Enthoven (Pty) Ltd v Receiver of Revenue and Another
...issue the learned Judge considered himself bound by D the decisions in Rooth v The State (1888) 2 SAR 259 and Benning v Union Government 1914 AD 420, and consequently came to the conclusion that, because the appellant's mistake in paying the first respondent was a mistake of law, it was pre......
-
Salandia (Pty) Ltd v Vredenburg-Saldanha Municipality
...will not found a condictio indebiti. I Rooth v The State (1888) 2 SAR 259 has been considered to lay this down. Benning v Union Government 1914 AD 420 at 422; Estate Delponte v Barnes and Another 1910 CPD 118 at 126; Heydenrych v Standard Bank 1924 CPD 335 at 339; Miller and Others v Bellvi......
Get Started for Free