WJB Stieger Konstruksie (Pty) Ltd v Janse van Vuuren (CIV APP FB 8/2024)
WJB Stieger Konstruksie (Pty) Ltd v Janse van Vuuren (CIV APP FB 8/2024) [2024] ZANWHC 206 (8 August 2024)
The court held that the respondent had the minimum facts required to institute a claim against the appellant as of December 2017, when the structural defects were confirmed and the breach of contract was apparent. The statutory warranty under the Housing Consumer Protection Measures Act did not impose any condition or period that would delay the running of prescription. The respondent's reliance on the appellant's refusal to repair as the trigger for prescription was misplaced. Prescription commenced in December 2017 and was not interrupted. The respondent's claim became prescribed in Decembe…
Source excerpt
- Prescription Act
- Contractual Damages
- Statutory Warranty
- Housing Consumer Protection
- Special Plea
- Structural Defects