Mtokonya v Minister of Police (1057/14)
Mtokonya v Minister of Police (1057/14) [2015] ZAECMHC 67 (23 September 2015)
The court held that the plaintiff had knowledge of the identity of the debtor and the material facts giving rise to the debt upon his release from detention in September 2010. The subsequent legal advice received in July 2013 constituted a legal conclusion based on facts already known to the plaintiff. Prescription under section 12(3) of the Prescription Act does not require knowledge of a legal remedy, only the material facts and the identity of the debtor. The plaintiff's failure to act was negligent, not innocent, and prescription was not interrupted by his later acquisition of legal advic…
Source excerpt
- Extinctive Prescription
- Prescription Act 68 Of 1969
- Unlawful Arrest
- Unlawful Detention
- Knowledge Of Debt
- Legal Remedy Awareness