Agenbag Motor Group v Nkitseng (Appeal) (CIV APP MG 13/2024)
Agenbag Motor Group v Nkitseng (Appeal) (CIV APP MG 13/2024) [2025] ZANWHC 110 (1 July 2025)
The appeal was dismissed because the appellant's claim for storage fees had prescribed under section 11(d) of the Prescription Act 68 of 1969, as the cause of action arose when the vehicle was first stored and not when the demand was made. The appellant failed to establish that the respondent was the correct party to be sued, as the vehicle was purchased by Ipolokeng Funeral Parlour and not by the respondent personally. The non-joinder of Ipolokeng Funeral Parlour was a fatal procedural irregularity, as it was the entity with a direct and substantial interest in the outcome. Furthermore, the…
Source excerpt
- Prescription Act
- Locus Standi
- Non Joinder
- No Cause Of Action
- Contractual Liability