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On the 15th March, President Cyril Ramaphosa declared the Corona Virus Pandemic a National State of Disaster in South Africa.
It is no secret that the virus has brought about tremendous challenges in all sectors, including the legal field.
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The small claims court (SCC) is for anyone who wants to institute a minor civil claim against someone else. You can also claim against companies and associations. However, the claims are limited to amounts that are less than R15 000.
On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger, the Supreme Court of Appeal (SCA) set out the importance of, firstly, expressly pleading a suretyship clause in a plaintiff’s particulars of claim and, secondly, ensuring that the contract to which a deed of suretyship is annexed is duly signed by all parties thereto.
The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been decided differently by different divisions of the High Court.
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