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South Africa decisions
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Pienaar and Another v Cowens and Another (11933/2020) [2025] ZAWCHC 334 (5 August 2025)
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.
Mncadi and Another v Langa (AR195/2024) [2025] ZAKZPHC 71 (1 August 2025)
Appeal dismissed; the respondent’s open, uninterrupted occupation for over 30 years proved acquisitive prescription and ownership of the property.
Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023) [2025] ZALCJHB 330 (1 August 2025)
The Labour Court does not have jurisdiction to entertain the applicant's claims for general damages and loss of earnings, as such relief is not contemplated by the Labour Relations Act or the Basic Conditions of Employment Act. The applicant failed to refer any unfair labour practice to the CCMA or a bargaining council, and did not plead any contractual breach or valid claim under the Mine Health and Safety Act. Furthermore, the applicant's claims have prescribed under the Prescription Act, as the cause of action arose no later than 28 February 2018 and the claim was only instituted in July 2…
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Mafube Local Municipality v N and C Maintenance and Spares (4669/2017) [2025] ZAFSHC 217 (17 July 2025)
The High Court granted the defendant leave to amend its plea to raise prescription, finding the amendment bona fide and not irremediably prejudicial.
Ellis Structural and Civil Engineers CC v Egan Property Group (Pty) Ltd (23229/2018) [2025] ZAGPPHC 671 (8 July 2025)
The court held that the debts under the written and oral agreements became due monthly as the plaintiff was entitled to issue invoices for services rendered. The power to issue invoices lay solely with the plaintiff, and its failure to do so could not delay the running of prescription. The last possible date for the debts to become due was July 2014, and prescription commenced running from August 2014. Summons was issued in April 2018, after the three-year prescription period had expired for all claims. The court found that the alleged interruptions of prescription in June 2015 and May 2016 d…
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Chetty v Pillay (AR373/2023) [2025] ZAKZPHC 64 (2 July 2025)
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.
St Benedict's Abbey NPO v Eskom Holdings SOC Limited (2025/096450) [2025] ZALMPPHC 129 (2 July 2025)
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.
Agenbag Motor Group v Nkitseng (Appeal) (CIV APP MG 13/2024) [2025] ZANWHC 110 (1 July 2025)
The appeal was dismissed because the appellant's claim for storage fees had prescribed under section 11(d) of the Prescription Act 68 of 1969, as the cause of action arose when the vehicle was first stored and not when the demand was made. The appellant failed to establish that the respondent was the correct party to be sued, as the vehicle was purchased by Ipolokeng Funeral Parlour and not by the respondent personally. The non-joinder of Ipolokeng Funeral Parlour was a fatal procedural irregularity, as it was the entity with a direct and substantial interest in the outcome. Furthermore, the…
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Badenhorst N.O and Others v Adowa Infrastructure Managers (RF) (Pty) Ltd and Others (16888/2024) [2025] ZAWCHC 273 (30 June 2025)
The High Court held that the Tamric Trust acquired a 20m² encroachment area by acquisitive prescription after open, exclusive possession for over 30 years.
Meyer v Meyer and Others (1819/2020) [2025] ZAWCHC 268 (23 June 2025)
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.
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