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TENDAYI v TWENTY THIRD CENTURY SYSTEMS (PVT) LTD 2020 (2) ZLR 834 (S)

2020 (2) ZLR p834

Citation

2020 (2) ZLR 834 (S)

Case No

Judgment No. S-135-20

Court

Supreme Court, Harare

Judge

Gowora JA, Makoni JA & Bere JA

Heard

18 October 2018

Judgment

15 October 2020

Counsel

F Girach, for the appellant
T Mpofu, for the respondent

Case Type

Civil appeal

Annotations

Flynote

Practice and procedure – plea – special plea – difference between exception and special plea – defence of prescription – must be raised by way of special plea

Prescription – onus – onus on defendant to show that claim prescribed – factual disputes between plaintiff and defendant – court must hold trial on issues in contention

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