Court : South Africa Supreme Court of Appeal
..... between the debtor and the cedent and reflecting on the debt, such as set-off, settlement, termination by agreement and release, the granting of an extension of time to pay or the acknowledgement of liability for the purpose of interrupting prescription. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... mbodlas founding affidavit needed to be more forthcoming in regard to the history of events and it can rarely, if ever, be the case that a question of prescription, involving constructive knowledge of certain facts, can be resolved as a question of law alone. ..... the reality was that the issue of compliance with the legal proceedings act and the question of prescription could not properly be determined on the facts before the court below. ..... counsel for the mec accepted that if the plea of prescription fails then the letter of 2 june 2011 constituted compliance with the notice requirement in the legal proceedings ..... in those circumstances it was inappropriate for the court below to reach a final conclusion on the issue of prescription and compliance with the statute on the papers alone. ..... the only facts relevant to the plea of prescription that it contained were the date of the accident, that he was treated at the nelson mandela hospital and some general allegations of negligence on the part of the hospital ..... second was that the claim had prescribed in terms of s 10(1), read with ss 11(d) and 12, of the prescription act 68 of 1969. ..... this possibility was raised with counsel they both accepted that it would be appropriate to confine such a reference to the issue of prescription. ..... this is such a case, particularly when one bears in mind the consequences of a decision either way on the point of prescription. ..... mec should have placed facts before the court to substantiate the plea of prescription. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... with reference to the referral to the lateral placement of a white male at the division, it has to be mentioned that lateral placements are not handled in terms of the prescripts of national instruction 1/2004 on promotions. 6. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the applicants succeeded in that application, but costs in respect thereof were ultimately awarded against them on the basis that their defence of prescription in respect of which the documentation had been sought, proved unsuccessful. ..... it is important to note that in holding those applicants liable botha j dismissed their defence on prescription in relation to a substantial part of npcls claim. ..... it will be recalled that he had refused the costs of the application on the basis that the defence to which the documents related, namely prescription, had been rejected. ..... the issue of prescription is not dealt with substantively in the affidavit in support of the application for leave to appeal. ..... in respect of the prescription point he refused the second to fifth applicants leave to appeal. ..... the order that follows is formulated to exclude leave to appeal being granted on the aspect that relates to prescription. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the relevance of the issue is to be found in section 12(1) of the prescription act 68 of 1969, which provides that prescription commences to run as soon as the debt is due. ..... [2] the respondent raised a special plea of prescription and the court below decided to hear this issue separately. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... a municipality is bound to follow the prescripts of s 9(2) in cases of multiple use, even where its rates policy, as in the present instance, is based on permitted rather than actual use. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... third, that having regard to the prescripts of s 22(1) of the black administration act the [appellant] had in any event failed to prove on a balance of probabilities that the deceased concluded a valid customary marriage with her. ..... administration act by contending that the essence of that provision is that no male who is a partner in a subsisting customary union with any woman may contract a civil marriage with another woman without first paying heed to the prescripts of that provision. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... as steyn cj pointed out in neethling v klopper 1967 (4) sa 459 (a) at 464e-g, the legislatures intention with the prescription of formalities for certain contracts could hardly have been to eliminate all disputes with regard to the terms of these contracts. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... , subject to certain conditions, of which two read: 2.1 the approval applies only to the rezoning in question, as indicated on the proposed site development plan attached, and shall not be construed as authority to depart from any other legal prescriptions or requirements. 2.11 . . . .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
on appeal from: full court of the eastern cape, grahamstown (van zyl, nhlangulela jj and bacela aj concurring sitting as court of appeal): 1 the appeal is upheld with costs, such costs to be paid out of the estate of the late norman emslie jakins. the order of the court below is set aside and substituted with the following order: 1.1 the appeal is dismissed with costs, such costs to be paid out of the estate of the late norman emslie jakins. 1.2 the order of the high court is confirmed but amended as follows: 1.2.1 the decision of the master of the high court, grahamstown, not to uphold the objection of the applicant lodged against the first and final liquidation and distribution account in the estate of the late norman emslie jakins, in relation to the proceeds of the old mutual flexi-life policy in the name of the erstwhile norman emslie jakins (policy number 12383353), is set aside. 1.2.2 it is declared that the applicant is entitled to payment of the proceeds of the life policy referred to in para 1 above. 1.2.3 the first and second respondents, as executors in the estate of the late norman emslie jakins, are directed to pay to the applicant the sum of r783 306.15, together with interest thereon at the legal rate, calculated from the date of the submission of the applicants claim to the executors of the estate, to date of payment. 1.2.4 the first and second respondents, as executors in the estate of the late norman emslie jakins, are directed to pay the costs of the .....
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