High Court of South Africa Eastern Cape, Port Elizabeth - 2019 March

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Citation
Judgment date
March 2019
Whether a deceased's non-patrimonial claim transmits to the estate when litis contestatio had been reached.
Litis contestatio; Rule 29(1)(b) close of pleadings; transmissibility of non-patrimonial (actio iniuriarum) claims to estate; effect of post-death amendment on re-opening pleadings; executor’s locus standi to pursue transmitted claim.
12 March 2019