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South Africa Case Law

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Civil Procedure [2023] ZAFSHC 119

Klue v Minister Of Justice And Correctional Services (1807/2021)

Klue v Minister Of Justice And Correctional Services (1807/2021) [2023] ZAFSHC 119 (18 April 2023)

Court
Free State High Court, Bloemfontein
Case number
1807/2021
Judge
Loubser

The court held that the plaintiff's cause of action arose when he was sentenced by the trial magistrate on 3 December 2013 and, at the latest, when his application for leave to appeal was dismissed on 27 January 2014. The plaintiff had knowledge of the facts giving rise to his claim at those times, as evidenced by his persistent allegations of judicial error throughout subsequent proceedings. The Supreme Court of Appeal's judgment in April 2020 did not create a new cause of action but merely confirmed what the plaintiff already knew. The claim against the High Court judges arose on 9 March 20…

Source excerpt

  • Prescription Act
  • Institution Of Legal Proceedings Against Organs Of State Act
  • Cause Of Action Accrual
  • Judicial Negligence
  • Statutory Notice Requirement
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Civil Procedure [2007] ZAGPHC 342

Lynn & Main Incorporated v Kruger and Others (2000/23938)

Lynn & Main Incorporated v Kruger and Others (2000/23938) [2007] ZAGPHC 342 (11 October 2007)

Court
High Courts - Gauteng
Case number
2000/23938
Judge
Blieden

The court held that the liability of a member under section 26(5) of the Close Corporation Act only arises upon deregistration of the close corporation. Prior to deregistration, the member has no personal liability for the corporation's debts. The prescription period for the plaintiff's claim against the first defendant therefore commenced on 30 July 1999, the date of deregistration, not on the date of the last payment by the close corporation. The summons was served within the three-year prescriptive period. The defendant's argument that his liability was subsidiary to that of the close corp…

Source excerpt

  • Prescription Act
  • Close Corporation Liability
  • Section 26 5 Liability
  • Cause Of Action Accrual
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Civil Procedure [2006] ZANWHC 52

Van Tonder v Nurcha Finance Company (Pty) Ltd (1525/04)

Van Tonder v Nurcha Finance Company (Pty) Ltd (1525/04) [2006] ZANWHC 52 (24 August 2006)

Court
North West High Court, Mafikeng
Case number
1525/04
Judge
R D Hendricks

The court found that there was no evidence that the partnership had been dissolved or that the joint venture ceased to exist before the cession in favour of the applicant was signed. The evidence indicated that the partnership existed throughout and that its members had authority to act on its behalf. The change in membership did not create a new entity nor affect the rights of third parties. The court held that the respondent's rights as a third party were not affected by any change in the partnership's membership. The application for leave to appeal was dismissed as there were no prospects…

Source excerpt

  • Partnership Dissolution
  • Citation Of Partnership
  • Cause Of Action Accrual
  • Costs Award
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.