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South Africa Case Law

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Civil Procedure [2021] ZASCA 80

Van Heerden & Brummer Inc v Bath (356/2020)

Van Heerden & Brummer Inc v Bath (356/2020) [2021] ZASCA 80 (11 June 2021)

Court
Supreme Court of Appeal
Case number
356/2020
Judges
Petse, Mbha, Zondi, Kgoele, Phatshoane

The Supreme Court of Appeal held that prescription in terms of s 12(3) of the Prescription Act commences when the creditor has knowledge of the identity of the debtor and the facts from which the debt arises, not when the creditor obtains legal certainty or the full extent of damages. The respondent had knowledge of all material facts necessary to institute a claim for professional negligence against the appellant by at least 26 September 2012, following consultations and communications regarding the invalidity of the antenuptial contract. The running of prescription is not postponed until th…

Source excerpt

  • Prescription Act
  • Professional Negligence
  • Breach Of Mandate
  • Running Of Prescription
  • Knowledge Of Debt
  • Legal Certainty
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Civil Procedure [2019] ZASCA 143

NW Civil Contractors CC v Anton Ramaano Inc & Another (1024/2018, 1076/2018)

NW Civil Contractors CC v Anton Ramaano Inc & Another (1024/2018, 1076/2018) [2019] ZASCA 143; 2020 (3) SA 241 (SCA) (14 October 2019)

Court
Supreme Court of Appeal
Case number
1024/2018, 1076/2018
Judges
Ponnan, Swain, Zondi, Mocumie, Dolamo

The Supreme Court of Appeal held that the absence of a fidelity fund certificate by the attorney does not render all proceedings and orders in which he acted void ab initio. The Attorneys Act prescribes specific consequences for non-compliance, namely disentitlement to fees and criminal sanction, but does not contemplate nullity of proceedings. The High Court's orders were impermissibly vague, indeterminate, and went beyond the relief sought, rendering them unenforceable and contrary to the rule of law. The rescission application was wrongly dismissed, as the appellant provided a reasonable e…

Source excerpt

  • Attorneys Act Section 41
  • Fidelity Fund Certificate
  • Rescission Of Judgment
  • Nullity Of Proceedings
  • Default Judgment
  • Legal Certainty
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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.