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Alteram Municipal Solution (Pty) Limited v EOH Mthombo (Pty) Limited (2020/22874) [2024] ZAGPJHC 1039 (4 October 2024)
The High Court dismissed an application to separate issues under Rule 33(4), finding the amended plea and fraud allegations were too intertwined with the main action.
Omega Risk Solutions (Pty) Ltd v De Witt (149/2017) [2017] ZASCA 171 (1 December 2017)
The Supreme Court of Appeal held that the claims advanced by the appellant against the respondent had prescribed in terms of sections 12(1) and 12(3) of the Prescription Act. The court found that Mr Smit, the Group Finance Manager, had actual knowledge of the facts giving rise to the claims more than three years before summons was issued. Given Mr Smit's senior position, responsibilities, and proximity to the board of directors, his knowledge was attributed to the appellant. The board of directors, acting reasonably and with the diligence of reasonable persons, could have acquired knowledge o…
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