Solenta Aviation (Pty) Ltd v Aviation @ Work (Pty) Limited

A combined summons was issued in March 2007 against Aviation @ Work (Pty) Ltd in the name of Solenta Aviation Workshops (Pty) Ltd, claiming damages arising from an alleged breach of an aircraft dry lease agreement concluded in March 2006. The written lease agreement, annexed to the summons, identified the lessor as Solenta Aviation (Pty) Ltd, not Solenta Aviation Workshops (Pty) Ltd. Both entities were separate registered companies. After the three-year prescriptive period had expired, an amendment was sought and granted to delete the word "Workshops" from the plaintiff’s name, effectively substituting Solenta Aviation (Pty) Ltd as plaintiff. The respondent then raised a special plea of prescription, contending that prescription had not been interrupted because the original summons was not issued by the true creditor.

The appeal was dismissed with costs, including the costs of two counsel.

The case confirms and reinforces the strict, objective approach to interruption of prescription under s 15(1) of the Prescription Act. It clarifies that service of process interrupts prescription only if the summons objectively reflects a claim by the true creditor, and that annexed documents or subjective knowledge cannot remedy a defective citation. The decision underscores the risks of incorrect party citation and the limits of amendments after prescription has run.