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AI summary
The court dealt with two interlocutory applications brought by the plaintiff against the NDPP, one under rule 30 and one for condonation under section 3(4)(b) of the Act. It found that the deceased’s claim against the NDPP, being a non-patrimonial claim, was extinguished by his death before litis contestatio was reached. The court dismissed both applications and ordered costs against the plaintiff.
This appears to concern the handling of interlocutory relief and the transmissibility of non-patrimonial claims in litigation involving an organ of state.
Evidence from source
The plaintiff seeks condonation, under section 3(4)(b) of the Act, of the failure to serve the NDPP with the statutory notice
Supports: plain summary sentence 1
the deceased’s claim against the NDPP, being a claim for non-patrimonial damages, was extinguished by his death before litis contestatio was reached as against the NDPP
Supports: plain summary sentence 2