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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

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1 judgment

Citation	Judgment date
March 2019
Habib and Another v eThekwini Municipality (12975/2017) [2019] ZAKZDHC 3 (20 March 2019) Reported An exception based on prescription is not inherently irregular but fails if particulars do not show prescription on their face. Prescription — pleading and procedure — whether defence of prescription is an irregular step if raised by exception; exception vs special plea; excipiability standard — whether particulars of claim disclose cause of action or show prescription on their face.	20 March 2019

Citation

Judgment date

March 2019

Habib and Another v eThekwini Municipality (12975/2017) [2019] ZAKZDHC 3 (20 March 2019)

Reported

An exception based on prescription is not inherently irregular but fails if particulars do not show prescription on their face.

Prescription — pleading and procedure — whether defence of prescription is an irregular step if raised by exception; exception vs special plea; excipiability standard — whether particulars of claim disclose cause of action or show prescription on their face.

20 March 2019