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MBABANE - A First National Bank (FNB) account holder has been taken to court after he failed to reverse money that was mistakenly deposited into his bank account.

Themba Mndzebele whose place of residence remains unknown, has been taken to court by Mangaliso Nxumalo of Moneni in the Manzini Region.

In his founding affidavit, Nxumalo submitted that on June 15, 2022, while in Mbabane, he made a transaction of E2 750 from his bank account to an account held by Mndzebele at the FNB, whereas he intended to send the money to a bank account of VJR Estate Agents in respect of rental payment. He stated that upon realising that the deposit had been misdirected, he telephonically informed Mndzebele that he had mistakenly deposited the money into his bank account. Nxumalo submitted that he pleaded with Mndzebele to reverse the money to his bank account.

Failed

However, Nxumalo submitted that Mndzebele had failed to reverse the money despite that he agreed when requested to do so. He stated that Mndzebele no longer took his calls since the day of the wrongful transaction. He mentioned that he made efforts to involve the police but there had never been a positive feedback. “I am desirous of having my funds back and Mndzebele is clearly refusing to accord me same,” he submitted. Nxumalo had attached a copy of a police report where he reported Mndzebele. The police report, however, pointed out that the matter was still under investigations. He also attached an application, where he sought an order directing FNB to deduct and reverse or remit the sum of E2 750 which he claimed was wrongfully credited to Mndzebele’s bank account.

Error

“May I mention that Mndzebele was paid in error, I was merely seeking to pay my household rent. May I further state that during the telephone conversation, Mndzebele acknowledged receipt of the money and made an undertaking to reverse it to my bank account,” he submitted. Nxumalo submitted that by Mndzebele not picking his calls, he gave an impression that he wanted to utilise the money to his prejudice.

He submitted that the application had been brought ex-parte (without Mndzebele’s knowledge) due to the fact that serving him might defeat the proceedings, in that the money could be withdrawn and that he might never use the account again while the matter was being dealt with by the court. The matter is pending in court.