Cook v Morrison and Another (1319/2017) [2019] ZASCA 8 (8 March 2019)

Appeal – application for special leave – dismissal of – reconsideration in terms of 17(2)(f) of Superior Courts Act – such to be considered by ‘court’ constituted in terms of s 13(1), not by two judges of appeal who initially
dismissed it.

Appeal – application for special leave – need for special circumstances – applicant not having reasonable prospects of success – even if he had such, no special circumstances justifying grant of special leave. Prescription – meaning of ‘debt’ – such includes obligation by contracting party to make restitution of money or property following cancellation for repudiation. Prescription – semble – if prescription adjudicated on assumption that plaintiff’s pleaded allegations correct, permissible to decide matter with reference to plaintiff’s primary factual allegations, disregarding alternatives. Prescription – s 13(1)(d) of Prescription Act – relationship between co-shareholders in company not one of ‘partnership’.