Van Zijl v Hoogenhout (2004) JOL 12998 (SCA)

Main Issue: Child abuse claim by adult survivor after 40 years

Finding: Court reasoned that the evidence indicated prima facie that the appellant had not been aware until recently that it was not she who was the cause of what occurred but rather that the responsibility was that of the respondent. The court should thus have found that the respondent had failed to establish as a matter of probability that prescription had commenced to run before 1997 and upheld appeal.

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