Off-Beat Holiday Club and Another v Sanbonani Holiday Spa Shareblock Limited and Others

Case Number:
CCT106/16
Citations:
[2017] ZACC 15
Citations:
2017 (7) BCLR 916 (CC)
Citations:
2017 (5) SA 9 (CC)
Judge:
Mhlantla J Majority judgment
Judge:
Froneman J separate judgment
Judge:
Madlanga J separate judgment
Hearing Date:
29 November 2016
Judgment Date:
23 May 2017
Case History:
Application for leave to appeal against a decision of the SCA: Off-Beat Holiday Club v Sanbonani Holiday Spa Shareblock Ltd [2016] ZASCA 62; 2016 (6) SA 181 (SCA). The case was first heard in the Pretoria High Court: Off-Beat Holiday Club v Sanbonani Holiday Spa Share Block Limited [2014] ZAGPPHC 418.
Synopsis:
Prescription — claims brought under section 252 of the Companies Act 61 of 1973 do not constitute “debts” in terms of the Prescription Act 68 of 1969 — matter remitted to High Court for consideration of section 252 claim
Judgment:
Full judgment

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