Anirudh v Gunase (13668/2008) [2010] ZAKZDHC 42; 2010 (6) SA 531 (KZD) (16 September 2010)

Anirudh v Gunase (13668/2008) [2010] ZAKZDHC 42; 2010 (6) SA 531 (KZD) (16 September 2010)

Prescription in respect of the plaintiff's claim for professional negligence only began to run when the plaintiff acquired all the facts necessary to institute action, specifically on 24 January 2006 when his attorney confirmed with the Road Accident Fund that no claim had been lodged. The defendant failed to prove that the plaintiff had knowledge or could reasonably have acquired knowledge of the debt at an earlier date. The defendant's willful withholding of information regarding the failure to lodge the claim further delayed the running of prescription. As summons was served on 11 November 2008, within three years of the plaintiff acquiring the requisite knowledge, the claim had not...

Citation
[2010] ZAKZDHC 42
Parties
Plaintiff: Ramesh Anirudh; Defendant: Harold Gunase
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
16 September 2010
Case Number
13668/2008
Procedural Posture
Civil Trial / Special Plea of Prescription
Outcome
The special plea of prescription is dismissed. Costs are reserved for determination by the trial court.
Judges
Hughes-Madondo AJ
Legal Topics
Prescription Act Section 11d, Prescription Act Section 12, Professional Negligence, Road Accident Fund Claims
Civil Procedure Delict Prescription Act Section 11d Prescription Act Section 12 Professional Negligence Road Accident Fund Claims

Case Brief

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Parties

Ramesh Anirudh

Plaintiff

Harold Gunase

Defendant

Procedural Posture

Civil Trial / Special Plea of Prescription

Legal Issues

  1. 1 Whether the plaintiff's claim against the defendant has prescribed under the Prescription Act.
  2. 2 When did prescription begin to run in respect of the plaintiff's claim for professional negligence?
  3. 3 Did the defendant willfully prevent the plaintiff from acquiring knowledge of the debt, affecting the running of prescription?

Ratio Decidendi

Prescription in respect of the plaintiff's claim for professional negligence only began to run when the plaintiff acquired all the facts necessary to institute action, specifically on 24 January 2006 when his attorney confirmed with the Road Accident Fund that no claim had been lodged. The defendant failed to prove that the plaintiff had knowledge or could reasonably have acquired knowledge of the debt at an earlier date. The defendant's willful withholding of information regarding the failure to lodge the claim further delayed the running of prescription. As summons was served on 11 November 2008, within three years of the plaintiff acquiring the requisite knowledge, the claim had not...

Court Disposition

The special plea of prescription is dismissed. Costs are reserved for determination by the trial court.

Orders

  • The special plea is dismissed.
  • Costs are reserved for the determination of the trial court.