South Africa Case Law

O'Grady and Another v Botha N.O and Others (3809/22)

O'Grady and Another v Botha N.O and Others (3809/22) [2023] ZAMPMBHC 35 (19 June 2023)

Court

Mbombela High Court, Mpumalanga

Case number

3809/22

Judge

Roelofse

The court found that Trifert's claim against North Shore Trading 678 CC has prescribed. The debt became due on or about 30 May 2018, and although North Shore acknowledged its liability on 22 October 2018, this only interrupted prescription, causing it to run afresh from that date. The claim was not admitted for proof at a creditors' meeting, and the delay provisions of section 13 of the Prescription Act did not apply. Consequently, the debt prescribed in October 2021. The applicants were entitled to a declaratory order that Trifert's claim has prescribed. Regarding the review of the liquidato…

Source excerpt

• Prescription Of Debt
• Liquidation Claims
• Creditor Rights
• Review Of Liquidator Decision

Keyter N.O. v Louw and Another (3606/2014)

Keyter N.O. v Louw and Another (3606/2014) [2016] ZAECGHC 23 (26 April 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

3606/2014

Judge

N G Beshe

The High Court dismissed an executor’s review of a liquidator’s rejection of partnership claims, holding that a finality clause barred review absent gross irregularity.

• Partnership Liquidation
• Finality Clause
• Review Of Liquidator Decision
• Delay In Review Application
• Partnership-liquidation
• Finality-clause