Trinity Asset Management (Pty) Limited v Grindstone Investments 123 (Pty) Limited

Case Number:
CCT248/16
Citations:
[2017] ZACC 32
Citations:
2017 (12) BCLR 1562 (CC)
Citations:
2018 (1) SA 94 (CC)
Judge:
Mojapelo AJ minority judgment
Judge:
Cameron J Majority judgment
Judge:
Froneman J separate judgment
Hearing Date:
4 May 2017
Judgment Date:
5 September 2017
Case History:
Application for leave to appeal against a decision of the SCA: Trinity Asset Management (Pty) Ltd v Grindstone Investments 132 (Pty) Ltd [2016] ZASCA 135; 2009 (4) SA 89 (SCA). The case was on appeal in the SCA from the Western Cape High Court: Trinity Asset Management (Pty) Ltd v Grindstone Investments 132 (Pty) Ltd (12677/14) [2015] ZAWCHC 105 (31 July 2015).
Synopsis:
Contract — interpretation — when debt becomes “due and payable” Prescription — general rule — begins to run when debt arises — unless parties clearly stipulate otherwise Prescription Act 68 of 1969 — section 12 — prescription generally not delayed when debt is “due and payable” only after demand
Judgment:
Full judgment

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