Anderson v Bredenkamp N.O. (5469/2007) [2015] ZAFSHC 25 (8 January 2015)

Anderson v Bredenkamp N.O. (5469/2007) [2015] ZAFSHC 25 (8 January 2015)

The court found that the defendant failed to discharge the onus of proving that the plaintiff had actual or constructive knowledge of the facts necessary to sustain her enrichment claim prior to 15 November 2004. The evidence showed that the plaintiff only became aware of the invalidity of the Deed and the requirement for ministerial consent in 2006, after being locked out of her house and consulting attorneys. The plaintiff acted reasonably and with due diligence in acquiring the necessary knowledge, and there was no indication of negligent inaction. The probabilities favoured the plaintiff's version, and the defendant's evidence was insufficient to establish prescription. Accordingly,...

Citation
[2015] ZAFSHC 25
Parties
Plaintiff: Anderson Angelina; Defendant: Elmer Junius Bredenkamp N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 January 2015
Case Number
5469/2007
Procedural Posture
Civil Trial / Special Plea of Prescription Adjudicated Separately; Merits and Quantum Stand Over
Outcome
Special Plea of prescription dismissed with costs.
Judges
Murray, AJ
Legal Topics
Extinctive Prescription, Enrichment Action, Subdivision of Agricultural Land Act, Bona Fide Occupancy, Ministerial Consent Requirement
Civil Procedure Land and Property Extinctive Prescription Enrichment Action Subdivision of Agricultural Land Act Bona Fide Occupancy Ministerial Consent Requirement

Case Brief

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Parties

Anderson Angelina

Plaintiff

Elmer Junius Bredenkamp N.O.

Defendant

Procedural Posture

Civil Trial / Special Plea of Prescription Adjudicated Separately; Merits and Quantum Stand Over

Legal Issues

  1. 1 Whether the plaintiff's enrichment claim against the deceased estate has prescribed under the Prescription Act.
  2. 2 Whether the plaintiff had actual or constructive knowledge of the facts necessary to sustain her cause of action prior to 15 November 2004.
  3. 3 Whether the plaintiff acted with reasonable diligence in acquiring knowledge of the invalidity of the Deed of Gift and the need for ministerial consent for subdivision.

Ratio Decidendi

The court found that the defendant failed to discharge the onus of proving that the plaintiff had actual or constructive knowledge of the facts necessary to sustain her enrichment claim prior to 15 November 2004. The evidence showed that the plaintiff only became aware of the invalidity of the Deed and the requirement for ministerial consent in 2006, after being locked out of her house and consulting attorneys. The plaintiff acted reasonably and with due diligence in acquiring the necessary knowledge, and there was no indication of negligent inaction. The probabilities favoured the plaintiff's version, and the defendant's evidence was insufficient to establish prescription. Accordingly,...

Court Disposition

Special Plea of prescription dismissed with costs.

Orders

  • The Special Plea of prescription is dismissed with costs.