Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2018] ZAGPPHC 885

Symes N.O and Another v Stuart Van der Merwe Inc and Others (24400/2015)

Symes N.O and Another v Stuart Van der Merwe Inc and Others (24400/2015) [2018] ZAGPPHC 885 (17 May 2018)

Prescription did not commence the day after the payments were made, as the plaintiffs only became aware of the payments and the identity of the debtor after conducting the insolvency enquiry on 13 March 2014. Section 12(3) of the Prescription Act requires actual or deemed knowledge before prescription begins. Furthermore, civil proceedings were suspended until the appointment of the liquidators on 3 August 2013, so prescription could not run before that date. The defendants' argument that prescription began immediately after payment is incorrect, as it disregards the statutory requirements fo…

  • Prescription Act
  • Liquidation Proceedings
  • Court Order Contravention
  • Knowledge Of Debt
  • Commencement Of Prescription
Read case analysis

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.