Internal Publication: Staegemann v Langhoven 2011 (5) SA 648 (WCC)

Case name:
Staegemann v Langhoven 2011 (5) SA 648 (WCC)

Area of law: 
Prescription

Brief facts/Summary: 
The applicant owned a motor vehicle which his neighbour fraudulently sold to a third party; the third party subsequently sold the vehicle to the respondent. The respondent refused to return the vehicle to the applicant.
The applicant raised rei vindicatio to recover the vehicle. The respondent raised the defence that 3 years had lapsed since the institution of
proceedings and that the action had prescribed as it was a debt in terms of s10 of the Prescription Act.
The court held that the applicant’s rei vindicatio did not prescribe.

Importance/value:
Rei vindicatio does not constitute a debt for the purposes of prescription.

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