Khan v Shaik (641/2019) [2020] ZASCA 108 (21 September 2020)

Division of fruits of a universal partnership – claim to division is based
on a personal right and not a real right – claim in respect of a universal partnership prescribes after three years from the termination of the universal partnership in terms of s 11(d) of the Prescription Act 68 of 1969 – termination date of universal partnership is a fact-specific issue; sometimes it may coincide with the termination of the consortium but not necessarily – claim prescribed as it was instituted more than three years after the universal partnership terminated.