Makhondo v Praga Technical (Pty) Ltd (41276/2015)
Makhondo v Praga Technical (Pty) Ltd (41276/2015) [2016] ZAGPPHC 1218 (17 November 2016)
The court held that the defendant failed to discharge its onus of proving that the plaintiff had actual or constructive knowledge of the identity of Praga as his debtor prior to October 2013. The plaintiff's belief that he only had a Workman's Compensation claim was reasonable in the circumstances, given his education, employment status, and the advice received from both his doctor and a superior at Praga. The defendant did not challenge the plaintiff's version in pleadings or cross-examination, nor did it plead or establish constructive knowledge. The court rejected the defendant's narrow in…
Source excerpt
- Prescription Act Section 12 3
- Workmans Compensation
- Constructive Knowledge
- Onus Of Proof