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(1) BROOKER v MUDHANDA & ANOR (2) PEARCE v MUDHANDA & ANOR 2018 (1) ZLR 33 (S)

2018 (1) ZLR p33

Citation

2018 (1) ZLR 33 (S)

Case No

Judgment No. S-5-18

Court

Supreme Court, Harare

Judge

Gowora JA, Hlatshwayo JA & Bhunu JA

Heard

6 June 2016

Judgment

5 February 2018

Counsel

D Ochieng, for the appellants
N Chikono, for the first respondent
No appearance for the second respondent

Case Type

Civil appeal

Annotations

Flynote

Practice and procedure – plea – special plea – effect – if successful, can destroy the action or postpone the proceedings – new facts arise from special plea – need for evidence – court can only make finding on cause of action after hearing evidence

Prescription – onus – onus on defendant to show that claim prescribed – plaintiff alleging that prescription interrupted or waived – onus on plaintiff

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