Hsin-Huie Plastic CC v Odendaal (549/2009) [2013] ZAFSHC 167 (26 September 2013)

Hsin-Huie Plastic CC v Odendaal (549/2009) [2013] ZAFSHC 167 (26 September 2013)

The court found that the plaintiff did not have the requisite knowledge of the debt at the time the draft particulars of claim were presented, as these were not summons and were in Afrikaans, a language the plaintiff did not understand. The plaintiff relied on interpreters and legal advice, and only became aware of the potential claim against the defendant after consultation with his current attorney, Mr Henning, in February 2007. The defendant failed to prove on a balance of probabilities that the plaintiff, by exercising reasonable care, ought to have acquired knowledge of the debt earlier. The cause of action only became complete when the plaintiff was advised that the claim against Mr...

Citation
[2013] ZAFSHC 167
Parties
Plaintiff: Hsin-Huie Plastic CC; Defendant: Adriaan Hendrik Odendaal
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 September 2013
Case Number
549/2009
Procedural Posture
Civil Trial / Special Plea of Prescription
Outcome
Special plea of prescription dismissed. Costs reserved. Matter postponed sine die.
Judges
S. J. Thamage
Legal Topics
Prescription Act, Special Plea, Cause of Action Completion, Knowledge of Debt
Civil Procedure Prescription Act Special Plea Cause of Action Completion Knowledge of Debt

Case Brief

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Parties

Hsin-Huie Plastic CC

Plaintiff

Adriaan Hendrik Odendaal

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 68 of 1969.
  2. 2 When did the plaintiff acquire knowledge of the debt for prescription purposes.
  3. 3 Whether the plaintiff, by exercising reasonable care, ought to have acquired knowledge of the debt.

Ratio Decidendi

The court found that the plaintiff did not have the requisite knowledge of the debt at the time the draft particulars of claim were presented, as these were not summons and were in Afrikaans, a language the plaintiff did not understand. The plaintiff relied on interpreters and legal advice, and only became aware of the potential claim against the defendant after consultation with his current attorney, Mr Henning, in February 2007. The defendant failed to prove on a balance of probabilities that the plaintiff, by exercising reasonable care, ought to have acquired knowledge of the debt earlier. The cause of action only became complete when the plaintiff was advised that the claim against Mr...

Court Disposition

Special plea of prescription dismissed. Costs reserved. Matter postponed sine die.

Orders

  • The special plea is dismissed.
  • Costs are reserved.