Mguzula v Road Accident Fund (RAF 372/2018) [2020] ZANWHC 35 (29 June 2020)

Mguzula v Road Accident Fund (RAF 372/2018) [2020] ZANWHC 35 (29 June 2020)

The court found that the plaintiff’s claim against the defendant prescribed on 17 November 2018, as the cause of action arose on 18 November 2013 and summons was only issued on 23 November 2018. The defendant’s correspondence and settlement offers, made without prejudice and without admission of liability, did not amount to an express or tacit acknowledgement of liability as required by section 14 of the Prescription Act to interrupt prescription. The offers were limited to the merits and did not admit liability for quantum or other aspects of the claim. Therefore, the running of prescription was not interrupted, and the plaintiff’s claim was extinguished by prescription. The court...

Citation
[2020] ZANWHC 35
Parties
Plaintiff: Nokuthula Ruth Mguzula; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
29 June 2020
Case Number
RAF 372/2018
Procedural Posture
Civil Trial / Special Plea on Prescription
Outcome
Plaintiff’s action dismissed on prescription; no order as to costs.
Judges
M M Leeuw
Legal Topics
Prescription, Road Accident Fund Act, Acknowledgement of Liability, Interruption of Prescription
Civil Procedure Delict Prescription Road Accident Fund Act Acknowledgement of Liability Interruption of Prescription

Case Brief

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Parties

Nokuthula Ruth Mguzula

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Special Plea on Prescription

Legal Issues

  1. 1 Whether the plaintiff’s debt was due.
  2. 2 Whether the defendant acknowledged liability to the claim.
  3. 3 Whether such acknowledgement interrupted the running of prescription.

Ratio Decidendi

The court found that the plaintiff’s claim against the defendant prescribed on 17 November 2018, as the cause of action arose on 18 November 2013 and summons was only issued on 23 November 2018. The defendant’s correspondence and settlement offers, made without prejudice and without admission of liability, did not amount to an express or tacit acknowledgement of liability as required by section 14 of the Prescription Act to interrupt prescription. The offers were limited to the merits and did not admit liability for quantum or other aspects of the claim. Therefore, the running of prescription was not interrupted, and the plaintiff’s claim was extinguished by prescription. The court...

Court Disposition

Plaintiff’s action dismissed on prescription; no order as to costs.

Orders

  • The special plea is upheld and the plaintiff’s action is dismissed.
  • There is no order as to costs.