Blaauwberg Meat Wholesalers CC v Anglo Dutch Meats (Exports) Limited

In April 1996 a summons was served on Blaauwberg Meat Wholesalers CC in which Anglo-Dutch Meats (UK) Limited claimed payment for beef sold and delivered during 1995. More than three years after the debt became due, it emerged that the true seller and creditor was not the UK company but its wholly owned subsidiary, Anglo-Dutch Meats (Exports) Limited. An amendment was granted substituting Exports as plaintiff. Blaauwberg raised a special plea of prescription, contending that prescription had not been interrupted because the original summons was not brought by the true creditor within the prescriptive period.

The appeal was upheld. The Full Court’s order was set aside and replaced with an order dismissing the respondent’s appeal from the trial court. The respondent’s claim was held to have prescribed.

The case clarifies the strict, objective requirements for interruption of prescription under s 15(1) of the Prescription Act and firmly distinguishes those requirements from the flexible principles applicable to amendments of pleadings. It confirms and reinforces the approach adopted in Associated Paint and Chemical Industries v Smit.