Du Plessis v Ferreira [1908] ZAHCORC 39 (23 November 1908)

Practice.-Pleading.-Prescription.-Admission.

Where P in his replication admitted a paragraph in F's plea claiming right by prescription to property in dispute lying between his farm and F's, but added that the alleged encroachment was not known to either party as in dispute within the period of prescriptive occupation, Held, that this amounted to an admission of the plea of prescription, the plaintiff being allowed to amend on condition that he paid costs of the day and costs incurred by amendment.