REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA, MAIN DIVISION, WINDHOEK RULING ON SPECIAL PLEA OF PRESCRIPTION Case No: I 1610/2016 In the matter between: MICHAEL BAUKEN SHIIMI PLAINTIFF and CITY OF WINDHOEK MUNICIPALITY COUNCIL DEFENDANT Neutral Citation: Shiimi v City of Windhoek (I 1610/2016) [2017] NAHCMD 288 (27 September 2017) PRINSLOO J Heard: 26 September 2017 Delivered: 27 September 2017 Reasons October 2017 Flynote: Pleadings Claims against Local Authorities Claims to be brought – – within time period specified in legislation Limitation of Legal Proceedings – (Provisional and Local Authorities) Act 94 of 1970 read with the Prescription Act, Act 68 of 1969 (as amended) Legislation enacted to protect Local Authorities from – redundant law suites Special plea of prescription raised in terms of legislation – against the (plaintiff) Debt considered due and payable once creditor ‘creditor’ – obtains or has knowledge thereof and not on date on which cause of action arose – Test in terms of the Limitation of Legal Proceedings Act is subjective whereas the test in terms of the Prescription Act is objective.
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA, MAIN DIVISION, WINDHOEK RULING ON SPECIAL PLEA OF PRESCRIPTION Case No: I 1610/2016 In the matter between: MICHAEL BAUKEN SHIIMI PLAINTIFF and CITY OF WINDHOEK MUNICIPALITY COUNCIL DEFENDANT Neutral Citation: Shiimi v City of Windhoek (I 1610/2016) [2017] NAHCMD 288 (27 September 2017) PRINSLOO J Heard: 26 September 2017 Delivered: 27 September 2017 Reasons October 2017 Flynote: Pleadings – Claims against Local Authorities – Claims to be brought within time period specified in legislation – Limitation of Legal Proceedings (Provisional and Local Authorities) Act 94 of 1970 read with the Prescription Act, Act 68 of 1969 (as amended) – Legislation enacted to protect Local Authorities from redundant law suites – Special plea of prescription raised in terms of legislation against the ‘creditor’ (plaintiff) – Debt considered due and payable once creditor obtains or has knowledge thereof and not on date on which cause of action arose – Test in terms of the Limitation of Legal Proceedings Act is subjective whereas the test in terms of the Prescription Act is objective.
Shiimi%20v%20City%20of%20Windhoek%20(I%201610-2016)%20[2017]%20NAHCMD%20288%20(27%20September%202017).docx