- Flynote
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Practice - exception - extinctive prescription - exception to particulars of claim for not disclosing a cause of action on the basis that ex facie claim prescribed - party relying on prescription must invoke and prove
it - no requirement for particulars of claim pre-emptively to plead a basis to defeat a possible plea of prescription - special plea of prescription susceptible to replication - particulars of claim not excipiable.
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Cited documents 4
Legislation 3
1. | Labour Relations Act, 1995 | 2087 citations |
2. | Compensation for Occupational Injuries and Diseases Act, 1993 | 681 citations |
3. | Prescription Act, 1969 | 509 citations |
Judgment 1
1. | Macleod v Kweyiya (365/2012) [2013] ZASCA 28 (27 March 2013) | 13 citations |