Tsukudu N.O. v Tlhopane and Another (2257/2016) [2017] ZAFSHC 33 (9 March 2017)
Court
Free State High Court, Bloemfontein
Case number
2257/2016
Judge
Nicholson, AJ
The High Court dismissed an executrix’s application and ordered transfer of immovable property to the first respondent, finding full payment and no prescription.
Bhagwandeen v Walter Sisulu University (1848/2013) [2016] ZAECGHC 125 (3 November 2016)
Court
Eastern Cape High Court, Grahamstown
Case number
1848/2013
Judge
Pickering
Clause 2.2.4 of the retrenchment agreement did not constitute an express or tacit acknowledgment of liability by the defendant in respect of the relevant claims. The clause was interpreted as a conditional undertaking to pay only such claims as the plaintiff might in future establish to be legitimate and legal, not as an admission of existing liability. Consequently, it did not interrupt the running of prescription under section 14(1) of the Prescription Act. Furthermore, the clause did not amount to a renunciation of prescription, as it did not promise to pay claims that had already prescrib…