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South Africa Case Law

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Land And Property [2023] ZAGPJHC 926

Khatha v Pillay and Others (35735/2018)

Khatha v Pillay and Others (35735/2018) [2023] ZAGPJHC 926; 2024 (1) SA 159 (GJ) (20 August 2023)

Court
South Gauteng High Court, Johannesburg
Case number
35735/2018
Judge
RJ Moultrie

The court held that the death of the owner against whom acquisitive prescription is running constitutes 'superior force' under section 3(1)(a) of the Prescription Act, as a deceased estate without an appointed executor cannot interrupt prescription. The impediment only ceases upon the appointment of executors, and the period of prescription is delayed accordingly. Even if section 3(1)(a) does not apply, the common law principle contra non valentem agere nulla currit praescriptio suspends the running of acquisitive prescription until an executor is appointed. Therefore, the period of prescript…

Source excerpt

  • Acquisitive Prescription
  • Prescription Act
  • Delay In Completion Of Prescription
  • Superior Force
  • Statutory Interpretation
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Civil Procedure [2016] ZASCA 73

Masilo N.O and Others v Betterbridge (Pty) Limited (37/2015)

Masilo N.O and Others v Betterbridge (Pty) Limited (37/2015) [2016] ZASCA 73 (25 May 2016)

Court
Supreme Court of Appeal
Case number
37/2015
Judges
Cachalia, Seriti, Willis, Mbha, Victor

The Supreme Court of Appeal held that the delay in the completion of prescription under section 13(1)(g) of the Prescription Act operates as soon as the claim is admitted to proof at the meeting of creditors, as provided for in section 44 of the Insolvency Act. The court rejected the appellants' argument that withdrawal of the claim before completion of the adjudication process negates the delay in prescription. The court found that the claim was admitted to proof and thus the delay applied. The appeal was dismissed with costs.

Source excerpt

  • Extinctive Prescription
  • Delay In Completion Of Prescription
  • Insolvency Act Section 44
  • Prescription Act Section 13
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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.