Esheria South Africa Case Law
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South Africa Case Law

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Civil Procedure [2008] ZAFSHC 153

Viviers NO and Another v Barnard NO (A441/2007)

Viviers NO and Another v Barnard NO (A441/2007) [2008] ZAFSHC 153 (19 December 2008)

Court
Free State High Court, Bloemfontein
Case number
A441/2007
Judges
Ebrahim, R, Van Zyl, R

High Court appeal on prescription under section 12(3) of the Prescription Act. The court held the executor had constructive knowledge by February 2003 and upheld the special plea.

  • Extinctive Prescription
  • Verjaringswet
  • Reasonable Care
  • Knowledge Of Debtor
  • Contractual Modification
  • Extinctive-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.

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