Wessels and Others v Maluti-A-Phofung Municipality and Another (1095/2021)
Wessels and Others v Maluti-A-Phofung Municipality and Another (1095/2021) [2021] ZAFSHC 195 (10 September 2021)
The court found that the applicants provided a reasonable and acceptable explanation for their delay in serving notice, which was largely due to reliance on legal representatives and the complexity of investigating the fire and damages. The applicants had made the respondents aware of the potential litigation through correspondence and expert assessments, and the respondents did not demonstrate unreasonable prejudice resulting from the delay. The court held that the applicants' claims had not prescribed, and that good cause existed for condonation. The right to have the merits of the case hea…
Source excerpt
- Condonation For Late Notice
- Institution Of Legal Proceedings Against Organs Of State
- Negligence
- Damage Due To Veld Fire