Matsepe NO and Others v Strydom and Others (4621/2006) [2010] ZAFSHC 36 (25 March 2010)

Matsepe NO and Others v Strydom and Others (4621/2006) [2010] ZAFSHC 36 (25 March 2010)

The court found that the plaintiffs' claim became due on 6 November 2001 and the three-year prescription period commenced from that date. The evidence did not establish any valid interruption of prescription, as there was no unequivocal acknowledgment of liability by the defendants relating to the same cause of action. The insolvency enquiry did not provide sufficient knowledge or justification to delay the running of prescription. The appointment of the plaintiffs as trustees and their subsequent discovery of facts did not revive a claim that had already prescribed. The special plea of prescription was therefore upheld, and the plaintiffs' claim was dismissed with costs.

Citation
[2010] ZAFSHC 36
Parties
Plaintiff: Tsui Vincent Matsepe (N.O); Plaintiff: Jeanine Elizabeth Saffy (N.O); Plaintiff: Cornelius Johannes Venter (N.O); Defendant: Anna Katrina Jacomina Strydom; Defendant: Gideon Joubert du Plessis; Defendant: Marius Strydom
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 March 2010
Case Number
4621/2006
Procedural Posture
Civil Trial / Special Plea of Prescription
Outcome
Special plea of prescription upheld; plaintiffs' claim dismissed with costs.
Judges
Mocumie
Legal Topics
Prescription Act, Interruption of Prescription, Set Off, Burden of Proof
Civil Procedure Prescription Act Interruption of Prescription Set Off Burden of Proof

Case Brief

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Parties

Tsui Vincent Matsepe (N.O)

Plaintiff

Jeanine Elizabeth Saffy (N.O)

Plaintiff

Cornelius Johannes Venter (N.O)

Plaintiff

Anna Katrina Jacomina Strydom

Defendant

Gideon Joubert du Plessis

Defendant

Marius Strydom

Defendant

Procedural Posture

Civil Trial / Special Plea of Prescription

Legal Issues

  1. 1 Whether the plaintiffs' claim for payment under a contract for the sale of cattle has prescribed under the Prescription Act.
  2. 2 Whether the running of prescription was interrupted by any acknowledgment of liability or other means.
  3. 3 Whether the plaintiffs had knowledge of the facts giving rise to the debt before prescription expired.

Ratio Decidendi

The court found that the plaintiffs' claim became due on 6 November 2001 and the three-year prescription period commenced from that date. The evidence did not establish any valid interruption of prescription, as there was no unequivocal acknowledgment of liability by the defendants relating to the same cause of action. The insolvency enquiry did not provide sufficient knowledge or justification to delay the running of prescription. The appointment of the plaintiffs as trustees and their subsequent discovery of facts did not revive a claim that had already prescribed. The special plea of prescription was therefore upheld, and the plaintiffs' claim was dismissed with costs.

Court Disposition

Special plea of prescription upheld; plaintiffs' claim dismissed with costs.

Orders

  • The special plea is upheld with costs.