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South Africa decisions
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Motloung and Another v Sheriff Pretoria East and Others (13249/2014) [2018] ZAGPPHC 664; 2019 (3) SA 228 (GP) (5 September 2018)
The court held that an unsigned summons was a nullity, so the sheriff was not liable for refusing service and prescription was not interrupted.
Jacobs and Others v Baumann NO and Others (126/08) [2009] ZASCA 43; 2009 (5) SA 432 (SCA) ; [2009] 3 All SA 398 (SCA) (8 May 2009)
The Supreme Court of Appeal held that the appointment of Wirz as executor, though procedurally flawed, was made by a competent court and stood until set aside. Therefore, the summons issued in his name was not a nullity. The substitution of Baumann as executor did not introduce a new party but merely replaced the irregularly appointed executor with the proper one. The appellants would not suffer prejudice by being deprived of the opportunity to plead prescription, as the action remained representative of the estate throughout. The court found no reason to interfere with the costs order of the…
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