When does a claim prescribe?

The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been decided differently by different divisions of the High Court. On 28 May 2015 the Supreme Court of Appeal came to a final decision in Absa […]

Co-ownership of land

The word “co-ownership” in relation to land means that two or more persons own land simultaneously in undivided shares. A share in land does not represent, and may not be held to represent a defined portion of land. A co-owner who holds a share in land does not hold title to a defined piece of […]

Constructive dismissal: A last resort?

Dear Mr Lawyer, my employer is making working conditions unfavourable and I am unhappy with her management style. This cannot carry on and I want to resign. Can I claim constructive dismissal because she is the reason I want to resign? Constructive dismissal has become a convenient escape for disgruntled employees. Many employees realise too […]