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South Africa Case Law

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Civil Procedure [2025] ZASCA 106

Hassody Katha v Primathie Pillay N.O. and Others (276/2024)

Hassody Katha v Primathie Pillay N.O. and Others (276/2024) [2025] ZASCA 106 (18 July 2025)

Court
Supreme Court of Appeal
Case number
276/2024
Judges
Matojane, Koen, Dlodlo, Dawood, Steyn

The Supreme Court of Appeal held that the phrase 'superior force' in section 3(1)(a) of the Prescription Act 68 of 1969 must be interpreted contextually and purposively, in line with constitutional principles protecting property rights. Death is an unforeseeable and uncontrollable event that objectively prevents the registered owner from acting to interrupt prescription. Therefore, death constitutes a 'superior force' under the Act, suspending the running of acquisitive prescription. The legislative purpose is to prevent arbitrary deprivation of property rights and to ensure an equitable bala…

Source excerpt

  • Acquisitive Prescription
  • Prescription Act 68 Of 1969
  • Superior Force
  • Statutory Interpretation
  • Property Rights
  • Force Majeure
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Land And Property [2023] ZAGPJHC 926

Khatha v Pillay and Others (35735/2018)

Khatha v Pillay and Others (35735/2018) [2023] ZAGPJHC 926; 2024 (1) SA 159 (GJ) (20 August 2023)

Court
South Gauteng High Court, Johannesburg
Case number
35735/2018
Judge
RJ Moultrie

The court held that the death of the owner against whom acquisitive prescription is running constitutes 'superior force' under section 3(1)(a) of the Prescription Act, as a deceased estate without an appointed executor cannot interrupt prescription. The impediment only ceases upon the appointment of executors, and the period of prescription is delayed accordingly. Even if section 3(1)(a) does not apply, the common law principle contra non valentem agere nulla currit praescriptio suspends the running of acquisitive prescription until an executor is appointed. Therefore, the period of prescript…

Source excerpt

  • Acquisitive Prescription
  • Prescription Act
  • Delay In Completion Of Prescription
  • Superior Force
  • Statutory Interpretation
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.