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South African Law • Jurisdictional Corpus
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The Standard Bank of South Africa Ltd v Koekemoer and Others

JurisdictionZA
Area of Law
Civil ProcedureBanking LawInterest
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Facts of the Case

This is a correction judgment in an appeal matter between The Standard Bank of South Africa Ltd as appellant and six respondents (members of the Koekemoer family). Following the delivery of the initial judgment, the appellant's attorneys brought to the court's attention an error regarding the date from which interest at 13.5% per annum was to run. The original judgment incorrectly stated the date as 1 May 1996, when interest had actually been claimed from 1 May 2001.

Legal Issues

  • Whether the court's order should be amended to correct the error regarding the date from which interest should run
  • Whether such correction can be made following delivery of judgment

Judicial Outcome

The court ordered that paragraph (2)(a) of both the judgment and the order be amended by substituting "1 May 2001" for "1 May 1996" as the date from which interest at 13.5% per annum should run.

Ratio Decidendi

A court has the inherent power to correct clerical or factual errors in its own judgments and orders after delivery, where such errors do not affect the substantive decision but merely correct an inaccuracy in the terms of the order to reflect what was actually claimed and what the court intended to order.

Obiter Dicta

No substantive obiter dicta were made in this brief correction judgment, as it dealt solely with a procedural correction of a factual error in the dates specified in the original order.

Legal Significance

This judgment demonstrates the Supreme Court of Appeal's willingness to exercise its inherent power to correct clerical or factual errors in its own judgments and orders, even after delivery. It confirms the court's ability to ensure that its orders accurately reflect what was actually claimed and what the court intended to order, thereby preventing unjust enrichment or prejudice arising from clerical errors.

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SC 50/21; Civil Appeal No. SC 351/19
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