Thienhaus v Metje & Ziegler
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Thienhaus NO v Metje & Ziegler Ltd and Another[1] is an important case in South African property law. It was heard in the Appellate Division, by Steyn CJ, Van Blerk JA, Ogilvie Thompson JA, Williamson JA and Wessels JA, on 22 February 1965, with judgment handed down on 1 April.
G owed money to M, the respondent. The debt was secured by a mortgage on property belonging to B, in favor of M. However, there was an error in the wording of the mortgage bond, as it incorrectly stated that the debt was owed by SG, who happened to be the sole shareholder of G.
When B became insolvent, T was appointed as the liquidator. M sought a preferential right based on the mortgage bond, but this claim was rejected by T on the grounds that, due to the factual inaccuracy in the mortgage bond, the mortgage had not come into existence.
