South Africa Case Law

Leso v Minister of Justice and Correctional Services and Others (74491/2017)

Leso v Minister of Justice and Correctional Services and Others (74491/2017) [2023] ZAGPPHC 1890 (7 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

74491/2017

Judge

Janse van Nieuwenhuizen

The court found that the plaintiff's claim for the period 27 June 2014 to 1 November 2014 had prescribed, as he had access to legal representation while incarcerated and lack of financial means did not constitute 'superior force' under section 13(1)(a) of the Prescription Act. The claim for the period 1 November 2014 to 31 October 2016 was not prescribed. In determining quantum, the court considered comparable authorities and the circumstances of the plaintiff's detention, including loss of employment and standing in the community, but noted that the conditions were less severe than in some c…

Source excerpt

• Unlawful Detention
• Prescription Act Section 13
• Damages Quantification
• Personal Liberty Infringement

Keyes NO v Ellinas and Others (2013/62385)

Keyes NO v Ellinas and Others (2013/62385) [2016] ZAGPPHC 1187 (27 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

2013/62385

Judge

JR Peter

The court held that the plaintiff was validly appointed as executor under section 18(1)(a) of the Administration of Estates Act, as the Cypriot will was not accepted or registered in South Africa and the Master properly exercised discretion in appointing the plaintiff. The transfer of ownership of the property to Jango Ellinas was null and void because the power of attorney granted by Angela Ellinas to Chris Ellinas lapsed upon her death, and Angela ceased to be the owner of the property at the time of transfer. The purported transfer was thus legally ineffective. The appointment of the Cypri…

Source excerpt

• Transfer Of Immovable Property
• Power Of Attorney
• Executor Appointment
• Prescription Act Section 13
• Deeds Registries Act
• Collateral Challenge

Masilo N.O and Others v Betterbridge (Pty) Limited (37/2015)

Masilo N.O and Others v Betterbridge (Pty) Limited (37/2015) [2016] ZASCA 73 (25 May 2016)

Court

Supreme Court of Appeal

Case number

37/2015

Judges

Cachalia, Seriti, Willis, Mbha, Victor

The Supreme Court of Appeal held that the delay in the completion of prescription under section 13(1)(g) of the Prescription Act operates as soon as the claim is admitted to proof at the meeting of creditors, as provided for in section 44 of the Insolvency Act. The court rejected the appellants' argument that withdrawal of the claim before completion of the adjudication process negates the delay in prescription. The court found that the claim was admitted to proof and thus the delay applied. The appeal was dismissed with costs.

Source excerpt

• Extinctive Prescription
• Delay In Completion Of Prescription
• Insolvency Act Section 44
• Prescription Act Section 13

Moloi and Others v Road Accident Fund (413/98)

Moloi and Others v Road Accident Fund (413/98) [2000] ZASCA 53; 2001 (3) SA 546 (SCA) ; [2000] 4 All SA 576 (A) (29 September 2000)

Court

Supreme Court of Appeal

Case number

413/98

Judges

Smalberger, Vivier, Howie, Streicher, Farlam

The court held that a regulation fixing a two-year period for unidentified-vehicle claims could not override the Prescription Act or make minors’ rights conditional.

• Prescription Act Section 13
• Prescription Act Section 16
• Multilateral Motor Vehicle Accidents Fund Act
• Ultra Vires Regulation
• Minor Claims Prescription
• Unidentified Vehicle Liability

Leipsig v Bankorp Ltd. (377/92)

Leipsig v Bankorp Ltd. (377/92) [1993] ZASCA 198; 1994 (2) SA 128 (AD); [1994] 2 All SA 150 (A) (1 December 1993)

Court

Supreme Court of Appeal

Case number

377/92

Judges

Hoexter, Nestadt, Eksteen, Nicholas, Harms

The court held that prescription under section 13 resumed once the final liquidation and distribution account was confirmed, so the surety’s debt was prescribed.

• Extinctive Prescription
• Suretyship
• Liquidation Claims
• Prescription Act Section 13
• Extinctive-prescription
• Company-liquidation