Santam Insurance Ltd v Booi (565/93) [1995] ZASCA 52; 1995 (3) SA 301 (AD); [1995] 2 All SA 537 (A) (18 May 1995)

Santam Insurance Ltd v Booi (565/93) [1995] ZASCA 52; 1995 (3) SA 301 (AD); [1995] 2 All SA 537 (A) (18 May 1995)

The Supreme Court of Appeal held that the institution of legal proceedings by Booi's attorney, while Booi was mentally incapacitated, was unauthorised but not void. The curator ad litem, lawfully appointed by the court, was empowered to ratify all steps taken prior to his appointment, including amending the pleadings to reflect his capacity. The ratification was valid as it occurred before judgment and did not deprive Santam of any accrued rights, particularly the right to raise prescription. The court found no merit in Santam's argument that ratification prejudiced its position, as the amendment did not introduce a new claim or party. The appeal was dismissed, confirming the orders of...

Citation
[1995] ZASCA 52
Parties
Appellant: Santam Insurance Ltd; Respondent: Mpitizeli Booi
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
18 May 1995
Case Number
565/93
Procedural Posture
Civil Appeal / Appeal From the Cape Provincial Division, Challenging Orders Relating to Locus Standi and Ratification by Curator Ad Litem.
Outcome
Appeal dismissed with costs.
Judges
Joubert, E M Grosskopf, Steyn, F H Grosskopf, Howie
Legal Topics
Locus Standi, Curator Ad Litem, Ratification of Acts, Falsus Procurator, Prescription Defence
Civil Procedure Locus Standi Curator Ad Litem Ratification of Acts Falsus Procurator Prescription Defence

Case Brief

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Parties

Santam Insurance Ltd

Appellant

Mpitizeli Booi

Respondent

Procedural Posture

Civil Appeal / Appeal From the Cape Provincial Division, Challenging Orders Relating to Locus Standi and Ratification by Curator Ad Litem.

Legal Issues

  1. 1 Whether legal proceedings instituted on behalf of a mentally incapacitated person by an unauthorised attorney are null and void or merely unauthorised.
  2. 2 Whether a curator ad litem may ratify and confirm steps taken in litigation prior to his appointment.
  3. 3 Whether such ratification prejudices the defendant's right to raise prescription.

Ratio Decidendi

The Supreme Court of Appeal held that the institution of legal proceedings by Booi's attorney, while Booi was mentally incapacitated, was unauthorised but not void. The curator ad litem, lawfully appointed by the court, was empowered to ratify all steps taken prior to his appointment, including amending the pleadings to reflect his capacity. The ratification was valid as it occurred before judgment and did not deprive Santam of any accrued rights, particularly the right to raise prescription. The court found no merit in Santam's argument that ratification prejudiced its position, as the amendment did not introduce a new claim or party. The appeal was dismissed, confirming the orders of...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.