Category: prescription

Preliminary jurisdictional issues: Claims prescribed?

B v Defence and Military Veterans Labour court decided preliminary jurisdictional issues and confirmed that if the respondents had raised the provisions of the Institution of Legal Proceedings Act the applicant could then have...

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Funds wrongfully misappropriated: Legal duty to third parties

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

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Separating legal issues: Leave to appeal refused

Phatshoane Henney Attorneys v Trollip In separating legal issues high court cited authority for deciding that convenience must be demonstrated and sufficient information must be placed before the court to enable it to exercise...

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Interrupting prescription considered: Debt includes award

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Date dispute arises: Ongoing cause of action

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Arrear wages awarded: Jurisdiction and prescription

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Malicious proceedings claim: Prescribed cause of action?

Holden v Assmang Ltd SCA interpreted s12(1) of the Prescription Act and confirmed that a debt is only due, owing and payable and a complete cause of action was only acquired when the complaint of gross breach of professional...

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Prescribed arrear wages: Special plea rejected

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Prescription Act inapplicable: RAF claimants excluded

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Substantial damages awarded: Fixed-term salary

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Debt includes practice: Prescription Act applies to labour practices

Motsoaledi (Health department) v Mabuza Debt includes practice and so the Prescription Act applies to alleged unfair labour practices and application to council to certify award does not interrupt prescription. “The...

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Business not transferred: Claim also prescribed

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