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High Court of South Africa Western Cape, Cape Town

Currently serving on the bench:

Judge President N P Mabindla-Boqwana	Deputy Judge President P L Goliath	Judge N C Erasmus	Judge R Allie	Judge T C Ndita
Judge A Le Grange	Judge V C Saldanha	Judge C M J Fortuin	Judge M I Samela	Judge R C A Henney
Judge M J Dolamo	Judge J I Cloete	Judge B P Mantame	Judge K M Savage	Judge G Salie Da Silva
Judge L Nuku	Judge E D Wille	Judge T Papier	Judge M K Parker	Judge M Sher
Judge S Kusevitsky	Judge H M Slingers	Judge M Francis	Judge N Mangcu-Lockwood	Judge J D Lekhuleni
Judge D M Thulare	Judge C N Nziweni	Judge M Holderness	Judge M Pangarker	Judge N E Ralarala

Physical address

Physical: 35 Keerom Street, Cape Town, 8000 Post: Private Bag X 9020, Cape Town, 8001

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https://www.judiciary.org.za/index.php/courts/high-courts/western-cape-division-of-the-high-court/contact-details

1 judgment

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1 judgment

Citation	Judgment date
March 1998
Municipality of Bellville v Reitz and Another (1346/95) [1998] ZAWCHC 1 (25 March 1998) Reported Amendment pleading tacit term and fraudulent concealment allowed to impeach completion certificate and defeat limitation clauses. Contract law – amendment of pleadings – tacit term not necessarily repugnant to express term; pleadings excipiable only if no cause of action on any reasonable construction – Fraud/non-disclosure – completion certificate impeachable for fraud to defeat limitation clause – Prescription – earlier process claiming same debt interrupts prescription – Amendment – bona fide delay and prejudice test; costs awarded.	25 March 1998

Citation

Judgment date

March 1998

Municipality of Bellville v Reitz and Another (1346/95) [1998] ZAWCHC 1 (25 March 1998)

Reported

Amendment pleading tacit term and fraudulent concealment allowed to impeach completion certificate and defeat limitation clauses.

Contract law – amendment of pleadings – tacit term not necessarily repugnant to express term; pleadings excipiable only if no cause of action on any reasonable construction – Fraud/non-disclosure – completion certificate impeachable for fraud to defeat limitation clause – Prescription – earlier process claiming same debt interrupts prescription – Amendment – bona fide delay and prejudice test; costs awarded.

25 March 1998