De Klerk and Another v Die Groter Kroonstad Plaaslike Oorgangsraad (Uitspraak) (433/98) [2000] ZASCA 197 (12 September 2000)

De Klerk and Another v Die Groter Kroonstad Plaaslike Oorgangsraad (Uitspraak) (433/98) [2000] ZASCA 197 (12 September 2000)

The court held that, based on the evidence, the appellants were aware of serious structural damage to their house as early as the end of 1992. They were advised to seek both legal and engineering opinions to determine the cause and possible liability. Despite this advice, the appellants failed to consult a professional until October 1995, even though there were no economic or other obstacles preventing them from doing so. The court found that a reasonable person in their position would have sought professional advice and discovered the relevant facts well before February 1994, which was more than 24 months before the action was instituted. Therefore, the claim was prescribed under section...

Citation
[2000] ZASCA 197
Parties
Appellant: Daniël Johannes De Klerk; Appellant: Anita De Klerk; Respondent: Die Groter Kroonstad Plaaslike Oorgangsraad
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
12 September 2000
Case Number
433/98
Procedural Posture
Civil Appeal / Appeal From Provincial Division; Judgment on Special Plea
Outcome
Appeal dismissed with costs.
Judges
Howie, Marais, Zulman, Melunsky, Mpati
Legal Topics
Prescription of Claims Against Local Authorities, Limitation of Actions, Municipal Liability, Latent Defects, Reasonable Care Standard
Civil Procedure Land and Property Prescription of Claims Against Local Authorities Limitation of Actions Municipal Liability Latent Defects Reasonable Care Standard

Case Brief

Summary, issues, holding and outcome

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Parties

Daniël Johannes De Klerk

Appellant

Anita De Klerk

Appellant

Die Groter Kroonstad Plaaslike Oorgangsraad

Respondent

Procedural Posture

Civil Appeal / Appeal From Provincial Division; Judgment on Special Plea

Legal Issues

  1. 1 Whether the appellants' claim against the respondent was barred by the statutory limitation period under section 2(1)(c) of the Act.
  2. 2 When a reasonable person in the appellants' position would have discovered the facts giving rise to the claim with reasonable care.
  3. 3 Whether the appellants exercised reasonable diligence in investigating the cause of the damage to their property.

Ratio Decidendi

The court held that, based on the evidence, the appellants were aware of serious structural damage to their house as early as the end of 1992. They were advised to seek both legal and engineering opinions to determine the cause and possible liability. Despite this advice, the appellants failed to consult a professional until October 1995, even though there were no economic or other obstacles preventing them from doing so. The court found that a reasonable person in their position would have sought professional advice and discovered the relevant facts well before February 1994, which was more than 24 months before the action was instituted. Therefore, the claim was prescribed under section...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.