South Africa Case Law

Mbodla v MEC for Health, Eastern Cape (2701/11)

Mbodla v MEC for Health, Eastern Cape (2701/11) [2012] ZAECMHC 17 (13 December 2012)

Court

Eastern Cape High Court, Mthatha

Case number

2701/11

Judge

Griffiths

The court found that the plaintiff only acquired the requisite knowledge of the facts giving rise to the debt when he consulted his attorney and received the medico-legal report in April or August 2011. The clinical notes and hospital records were inadequate and did not inform the plaintiff, a layman, of any sub-optimal treatment or negligence. The court distinguished this matter from Truter v Deyzel, noting that in Truter the plaintiff was aware of possible negligence from the outset, whereas in the present case, the plaintiff had no reason to suspect negligence until advised by his attorney…

Source excerpt

• Limitation Of Actions
• Notice To Organs Of State
• Prescription Act Section 12
• Breach Of Contract
• Medical Negligence

Rustenburg Local Municipality v Rennaisance Security and Cleaning Services CC (1854/07)

Rustenburg Local Municipality v Rennaisance Security and Cleaning Services CC (1854/07) [2008] ZANWHC 36 (25 September 2008)

Court

North West High Court, Mafikeng

Case number

1854/07

Judge

R D Hendricks

The High Court rescinded a default judgment against Rustenburg Local Municipality after finding defective service of summons and non-compliance with statutory notice requirements.

• Default Judgment Rescission
• Service Of Process
• Notice To Organs Of State
• Institution Of Legal Proceedings
• Default-judgment-rescission
• Service-of-process