Venter and Another v Steyn and Others (Leave to Appeal) (3368/2019)
Venter and Another v Steyn and Others (Leave to Appeal) (3368/2019) [2023] ZANWHC 228 (14 December 2023)
The court found that the judgment dismissing the special pleas of prescription is final in nature because, had the pleas succeeded, the claims would have been disposed of entirely. The legal issue regarding prescription in claims by and against members of a Close Corporation is novel and unresolved in South African law. Given the reasonable prospect of success and the need for legal certainty, the application for leave to appeal to the Supreme Court of Appeal is granted. The costs of the appeal are to be costs in the cause unless the applicant does not proceed, in which case the applicant mus…
Source excerpt
- Prescription Act
- Close Corporation Member Claims
- Special Plea
- Leave To Appeal
- Final Vs Interim Orders