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South Africa decisions
Decisions matching the current search
M.M v Henley Air (Pty) Ltd (7470/2022) [2024] ZALMPPHC 109 (12 September 2024)
High Court judgment upholding a prescription special plea in a helicopter-crash damages claim. The court held the plaintiff’s claim had prescribed and dismissed the action.
M.C v MEC for Health, Western Cape (12082/2016) [2019] ZAWCHC 50 (29 March 2019)
High Court dismissed two special pleas of prescription in a medical-negligence damages claim, holding prescription began only when the plaintiff learned of the claim in 2016.
Viviers NO and Another v Barnard NO (A441/2007) [2008] ZAFSHC 153 (19 December 2008)
High Court appeal on prescription under section 12(3) of the Prescription Act. The court held the executor had constructive knowledge by February 2003 and upheld the special plea.
Mofokeng v Du Plessis (13893/2005) [2008] ZAGPHC 242 (20 June 2008)
The High Court held that a delictual claim arising from a dog attack had prescribed because summons was served after the three-year period had run.
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