The
submission that the cause of action in the application for joinder
has now prescribed must be rejected for two reasons;
(i)…,.
(ii)
Secondly, and in any event, the defence of prescription is not
sustainable on the facts of this matter.
What
triggers an application for the joinder of a third party is the
service of summons against a ...
The
submission that the cause of action in the application for joinder
has now prescribed must be rejected for two reasons;
(i)…,.
(ii)
Secondly, and in any event, the defence of prescription is not
sustainable on the facts of this matter.
What
triggers an application for the joinder of a third party is the
service of summons against a defendant (the applicant in casu). The
application can only be made after the applicant has entered
appearance to defend the claim instituted against it.
From
the time that the summons in the main case was served and the
applicant entered appearance to defend a period of three years had
not passed when the application for joinder was instituted.
Thus,
the claim for joinder has not prescribed.
