South Africa Case Law

Development Bank Of South Africa v Fusion Guarantee (Pty) Ltd and Another (37332/18)

Development Bank Of South Africa v Fusion Guarantee (Pty) Ltd and Another (37332/18) [2023] ZAGPJHC 1123 (6 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

37332/18

Judge

Dlamini

The court dismissed a special plea of prescription, holding that the plaintiff’s claim against the guarantor arose on cancellation and was served within three years.

• Prescription Act Section 11
• Performance Guarantee
• Contract Cancellation
• Suretyship Liability
• Prescription-act-section-11
• Performance-guarantee

Wiese N.O and Another v Coetzee N.O and Others

Wiese N.O and Another v Coetzee N.O and Others [2023] ZAGPPHC 444; 21988/2020 (20 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

21988/2020

Judge

van der Westhuizen

The High Court upheld special pleas of locus standi and prescription, finding the action was filed outside the time ordered and that the claim had prescribed.

• Locus Standi
• Prescription Act Section 11
• Trust Funds
• Special Plea
• Debate Of Accounts
• Locus-standi

Prudential Authority v Jafta (1219/2018)

Prudential Authority v Jafta (1219/2018) [2023] ZAECQBHC 4 (31 January 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

1219/2018

Judge

V P Noncembu

The court held that the respondent's failure to comply with the repayment directive issued under section 83(1) of the Banks Act constitutes an act of insolvency as per section 83(3)(b). The respondent's argument regarding prescription was dismissed, as sequestration proceedings are not for the enforcement of a debt and thus not subject to prescription. The applicant's locus standi was confirmed, with the Deputy Registrar empowered to act and the substitution of the Prudential Authority statutorily mandated. The directive was validly issued, and the absence of the true amount in the directive…

Source excerpt

• Banks Act Section 83
• Insolvency Act Section 9
• Prescription Act Section 11
• Locus Standi
• Failure To Disclose Cause Of Action

Mofokeng v Du Plessis (13893/2005)

Mofokeng v Du Plessis (13893/2005) [2008] ZAGPHC 242 (20 June 2008)

Court

High Courts - Gauteng

Case number

13893/2005

Judge

Mavundla

The High Court held that a delictual claim arising from a dog attack had prescribed because summons was served after the three-year period had run.

• Prescription Act Section 11
• Running Of Prescription
• Knowledge Of Debtor
• Personal Injury
• Domesticated Animals Liability
• Prescription