2024
Moodliyar and Bedhesi Attorneys v Y.M and Another
Gauteng Local Division (full court) — Mudau J, Dippenaar J et Farber AJ
Counsel for the appellant (plaintiff a quo)
Reportable full-court appeal on prescription and amendment. The first and second defendants had been joined by amendment in their representative capacities (as guardians of their minor child) only after prescription had run on the representative-capacity claim. The court considered whether the original summons (against the same individuals in their personal capacities) had interrupted prescription against the minor child via the substituted representative capacity. The appeal was dismissed on the principle that a litigant in a representative capacity is treated as a different person from the same litigant's personal capacity. Reported as (A2024/016195) [2024] ZAGPJHC 1288 (13 December 2024).
Public sources
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