Fisher v Snyman (15/11387) [2017] ZAGPJHC 452 (22 September 2017)

Fisher v Snyman (15/11387) [2017] ZAGPJHC 452 (22 September 2017)

The court found that the oral loan agreement required the defendant to repay the loan in monthly instalments commencing shortly after May 2000. Each instalment constituted a separate debt, and prescription began to run for each instalment when it became due. The plaintiff failed to prove any valid interruption of prescription, as the only payment established occurred in March 2012, well after the debt had prescribed. Verbal acknowledgements of liability by the defendant in 2014 or 2015 were irrelevant, as prescription had already extinguished the debt. The plaintiff's attempt to rely on section 13(1)(d) and 13(1)(i) of the Prescription Act was rejected because it was not pleaded or...

Citation
[2017] ZAGPJHC 452
Parties
Plaintiff: Arthur Churchill Fisher; Defendant: Robert Snyman
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 September 2017
Case Number
15/11387
Procedural Posture
Civil Trial / Special Plea of Prescription
Outcome
Plaintiff's claim dismissed with costs; special plea of prescription upheld.
Judges
Grenfell
Legal Topics
Extinctive Prescription, Loan Agreement, Interruption of Prescription, Acknowledgement of Liability
Civil Procedure Extinctive Prescription Loan Agreement Interruption of Prescription Acknowledgement of Liability

Case Brief

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Parties

Arthur Churchill Fisher

Plaintiff

Robert Snyman

Defendant

Procedural Posture

Civil Trial / Special Plea of Prescription

Legal Issues

  1. 1 Whether the plaintiff's claim for repayment under the oral loan agreement has been extinguished by prescription.
  2. 2 Whether any payments or acknowledgements by the defendant interrupted the running of prescription under section 14(1) of the Prescription Act 68 of 1969.
  3. 3 Whether the plaintiff may rely on section 13(1)(d) and 13(1)(i) of the Prescription Act to delay completion of prescription based on an alleged partnership.

Ratio Decidendi

The court found that the oral loan agreement required the defendant to repay the loan in monthly instalments commencing shortly after May 2000. Each instalment constituted a separate debt, and prescription began to run for each instalment when it became due. The plaintiff failed to prove any valid interruption of prescription, as the only payment established occurred in March 2012, well after the debt had prescribed. Verbal acknowledgements of liability by the defendant in 2014 or 2015 were irrelevant, as prescription had already extinguished the debt. The plaintiff's attempt to rely on section 13(1)(d) and 13(1)(i) of the Prescription Act was rejected because it was not pleaded or...

Court Disposition

Plaintiff's claim dismissed with costs; special plea of prescription upheld.

Orders

  • The special plea is upheld.
  • The plaintiff's claim is dismissed with costs.