Stemmet and Another v Mokhethi and Another (681/2022)
Stemmet and Another v Mokhethi and Another (681/2022) [2023] ZASCA 127 (4 October 2023)
The Supreme Court of Appeal held that the respondents were in possession of sufficient facts to institute action against the appellants as early as June 2014. The respondents had observed structural cracks, patchwork indicating concealment, and deterioration of the property, which was sufficient to form a reasonable belief that the appellants had fraudulently concealed latent defects. The court found that knowledge of the precise cause of the defects was not required for prescription to commence. The majority of the full court erred in concluding that prescription only began when the responde…
Source excerpt
- Prescription Act
- Latent Defects
- Fraudulent Non Disclosure
- Property Sale Disputes
- Minimum Facts For Prescription
- Special Plea Of Prescription