South Africa Case Law

Santam Insurance Ltd v Booi (565/93)

Santam Insurance Ltd v Booi (565/93) [1995] ZASCA 52; 1995 (3) SA 301 (AD); [1995] 2 All SA 537 (A) (18 May 1995)

Court

Supreme Court of Appeal

Case number

565/93

Judges

Joubert, E M Grosskopf, Steyn, F H Grosskopf, Howie

The Supreme Court of Appeal held that the institution of legal proceedings by Booi's attorney, while Booi was mentally incapacitated, was unauthorised but not void. The curator ad litem, lawfully appointed by the court, was empowered to ratify all steps taken prior to his appointment, including amending the pleadings to reflect his capacity. The ratification was valid as it occurred before judgment and did not deprive Santam of any accrued rights, particularly the right to raise prescription. The court found no merit in Santam's argument that ratification prejudiced its position, as the amend…

Source excerpt

• Locus Standi
• Curator Ad Litem
• Ratification Of Acts
• Falsus Procurator
• Prescription Defence