Rensburg and Another v Cilliers (1705/2021)
Rensburg and Another v Cilliers (1705/2021) [2024] ZAFSHC 290 (20 September 2024)
The court held that the exception must be dismissed. The facts pleaded in the special plea must be accepted as true for purposes of the exception. The plaintiffs' debt became due when the child was conceived or when patrimonial loss was first incurred, not only at birth. The authorities support the view that the cause of action is complete as soon as some damage is suffered, and all damages, whether already sustained or prospective, must be claimed in one action. The plaintiffs were aware of the relevant facts by 30 January 2018 and should have instituted action within three years from that d…
Source excerpt
- Extinctive Prescription
- Patrimonial Loss
- Wrongful Pregnancy
- Once And For All Rule
- Exception Procedure