Silouette Investments Ltd. v Virgin Hotels Group Ltd. (116/2008)
Silouette Investments Ltd. v Virgin Hotels Group Ltd. (116/2008) [2009] ZASCA 40; 2009 (4) SA 617 (SCA) ; [2009] 3 All SA 172 (SCA) (31 March 2009)
The Supreme Court of Appeal held that the respondent, although a foreign company, was not 'outside the Republic' for the purposes of section 13(1)(b) of the Prescription Act because it had voluntarily submitted to the jurisdiction of the South African courts and authorised its South African attorneys to accept service of process. This eliminated any legal or practical impediment to instituting proceedings, which is the mischief section 13(1)(b) seeks to address. The court further found that the interruption of prescription effected by service of the original summons lapsed when the appellant…
Source excerpt
- Extinctive Prescription
- Prescription Act 1969
- Interruption Of Prescription
- Substitution Of Parties
- Jurisdiction Of Foreign Debtors