South Africa Case Law

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22)

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22) [2025] ZAWCHC 332 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

3644/22

Judge

Bosch

The court found that the issues raised by the special pleas of prescription and settlement are not sufficiently discrete from the merits of the main action. There is a substantial risk of overlapping evidence, duplication, and potential delays, especially given the ongoing nature of the alleged nuisance and the possibility of appeals. The evidence required for the special pleas would likely be relevant to the merits, and separating them would not result in significant savings of time or costs. The court exercised its discretion to refuse the separation, concluding that it would not be conveni…

Source excerpt

• Separation Of Issues
• Rule 33 4
• Prescription
• Settlement Agreement
• Standing
• Nuisance

Pienaar and Another v Cowens and Another (11933/2020)

Pienaar and Another v Cowens and Another (11933/2020) [2025] ZAWCHC 334 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

11933/2020

Judge

Mapoma

The High Court refused leave to amend a claim to add fraudulent misrepresentation, finding the new cause of action prescribed and prejudicial to the defendants.

• Amendment Of Pleadings
• Prescription Act
• Fraudulent Misrepresentation
• Consumer Protection Act
• Prejudice In Amendment
• Costs Of Amendment

Bondev Midrand (Pty) Ltd v Van Blerk and Others (A77/2025; 909/2014)

Bondev Midrand (Pty) Ltd v Van Blerk and Others (A77/2025; 909/2014) [2025] ZAGPPHC 741 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A77/2025; 909/2014

Judges

Wright, Van Der Westhuizen, Kooverjie

The High Court set aside a default order over an erf transfer and sent the dispute to trial, finding serious factual disputes on prescription and enrichment.

• Prescription
• Unjust Enrichment
• Specific Performance
• Transfer Of Property
• Unjust-enrichment
• Property-transfer

Mafube Local Municipality v N and C Maintenance and Spares (4669/2017)

Mafube Local Municipality v N and C Maintenance and Spares (4669/2017) [2025] ZAFSHC 217 (17 July 2025)

Court

Free State High Court, Bloemfontein

Case number

4669/2017

Judge

Ntanga AJ

The High Court granted the defendant leave to amend its plea to raise prescription, finding the amendment bona fide and not irremediably prejudicial.

• Amendment Of Pleadings
• Prescription Act
• Special Plea
• Uniform Rules Rule 28
• Amendment-of-pleadings
• Civil-procedure

Chetty v Pillay (AR373/2023)

Chetty v Pillay (AR373/2023) [2025] ZAKZPHC 64 (2 July 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR373/2023

Judges

Ngqanda, Chetty

The High Court upheld an appeal, set aside a prescription ruling, and held that the estate-based prescription defence was not proved on the evidence.

• Prescription Act
• Judgment Debt
• Community Of Property
• Estate Claims
• Prescription
• Estate-claims

St Benedict's Abbey NPO v Eskom Holdings SOC Limited (2025/096450)

St Benedict's Abbey NPO v Eskom Holdings SOC Limited (2025/096450) [2025] ZALMPPHC 129 (2 July 2025)

Court

Limpopo High Court, Polokwane

Case number

2025/096450

Judge

Kganyago

The High Court dismissed an urgent bid to stop Eskom from disconnecting electricity, finding the applicant had not met the test for an interim interdict.

• Electricity Regulation Act
• Interim Interdict
• Prescription Act
• Prima Facie Right
• Balance Of Convenience
• Interim-interdict

Ndlovu and Others v University of Witwatersrand (J 1775/22)

Ndlovu and Others v University of Witwatersrand (J 1775/22) [2025] ZALCJHB 265 (2 July 2025)

Court

Labour Court Johannesburg

Case number

J 1775/22

Judge

F Venter

The Labour Court dismissed bus drivers’ application against Wits, finding no unilateral change to conditions of employment and that the money claim raised factual disputes.

• Unilateral Change To Conditions Of Employment
• Jurisdiction Of Labour Court
• Prescription
• Basic Conditions Of Employment Act
• Disputes Of Fact
• Motion Vs Trial Proceedings

Moose v W Van Der Schyff Attorneys (15982/2021)

Moose v W Van Der Schyff Attorneys (15982/2021) [2025] ZAWCHC 266 (23 June 2025)

Court

Western Cape High Court, Cape Town

Case number

15982/2021

Judge

F S G Sievers

The High Court held an attorney liable for allowing a Road Accident Fund claim to prescribe after being mandated to pursue it timeously.

• Professional Negligence
• Breach Of Mandate
• Road Accident Fund Claim
• Prescription
• Duty Of Care
• Professional-negligence

Meyer v Meyer and Others (1819/2020)

Meyer v Meyer and Others (1819/2020) [2025] ZAWCHC 268 (23 June 2025)

Court

Western Cape High Court, Cape Town

Case number

1819/2020

Judge

Van Zyl AJ

High Court action over alleged fraud in family property sales failed; the court found Mrs Meyer knowingly signed the transactions and that the claims had prescribed.

• Prescription Act
• Fraudulent Misrepresentation
• Transfer Of Immovable Property
• Fiduciary Duty
• Setting Aside Agreement
• Statement And Debatement Of Account

E.L.T obo O.M.T and Others v Road Accident Fund (11403/2022)

E.L.T obo O.M.T and Others v Road Accident Fund (11403/2022) [2025] ZALMPPHC 118 (17 June 2025)

Court

Limpopo High Court, Polokwane

Case number

11403/2022

Judge

Mashamba

The court found that the Plaintiffs' claims were properly lodged within the prescribed period, based on documentary evidence and correspondence confirming lodgment by previous attorneys. The Defendant failed to raise prescription in its plea, and its attempt to amend the plea at trial was rejected due to lateness and lack of cogent reasons. The Fourth Plaintiff was validly added to the claim through unopposed amendment. The court held that substantial compliance with Section 24 of the Road Accident Fund Act was achieved, as the Defendant possessed sufficient medical and documentary records to…

Source excerpt

• Road Accident Fund Act
• Loss Of Support
• Prescription
• Substantial Compliance
• Amendment Of Pleadings