Dead on arrival: Court strikes claim issued after borrower’s death – Moonstone Information Refinery

Dead on arrival: Court strikes claim issued after borrower’s death – Moonstone Information Refinery

An application for a default judgment and the repossession of a motor vehicle took an unusual turn when the High Court in Mafikeng discovered that the defendant had died months before the summons was issued. The matter prompted the Court to examine whether legal proceedings can lawfully be brought against someone who no longer has juristic existence, and whether a creditor has any obligation to establish a debtor’s status before issuing summons.…