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South Africa Case Law

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Land And Property [2017] ZAFSHC 33

Tsukudu N.O. v Tlhopane and Another (2257/2016)

Tsukudu N.O. v Tlhopane and Another (2257/2016) [2017] ZAFSHC 33 (9 March 2017)

The High Court dismissed an executrix’s application and ordered transfer of immovable property to the first respondent, finding full payment and no prescription.

  • Transfer Of Immovable Property
  • Prescription Act
  • Hearsay Evidence
  • Deed Of Sale
  • Renunciation Of Prescription
  • Transfer-of-immovable-property
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Civil Procedure [2016] ZAECGHC 125

Bhagwandeen v Walter Sisulu University (1848/2013)

Bhagwandeen v Walter Sisulu University (1848/2013) [2016] ZAECGHC 125 (3 November 2016)

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…

  • Prescription Act
  • Acknowledgment Of Liability
  • Contractual Undertaking
  • Renunciation Of Prescription
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.