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South Africa decisions
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Mahlasela v Klopper Jonker Incorporated (2016/11734) [2020] ZAGPJHC 249 (13 October 2020)
The High Court upheld a prescription special plea, finding the plaintiff knew by January 2013 of the facts and debtor identity, so her 2016 claim was late.
Probest Projects (Pty) Ltd v Attorneys Notaries And Conveyancers Fidelity Guarantee Fund (A21/14) [2014] ZAWCHC 119 (15 August 2014)
The court found that the appellant had actual knowledge of the theft of its funds by 23 July 2009, as evidenced by the conduct of its directors and the involvement of attorneys in preparing acknowledgment of debt and suretyship agreements. The appellant's actions indicated awareness of the misappropriation, and the subsequent delay in lodging the claim was due to attempts to resolve the matter privately. The statutory requirement under section 48(1)(a) was not met, as notice was only given on 20 November 2009, outside the three-month period. The appeal was therefore dismissed, and the decisio…
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