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Shikoane v Government of the Republic of South Africa and Others (16926/2001) [2015] ZAGPPHC 720

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Shikoane v Government of the Republic of South Africa and Others (16926/2001) [2015] ZAGPPHC 720

16th October 2015

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[1] The first, second, fourth and sixth defendants raised a special plea of prescription against the plaintiff’s claims. For ease of reference I refer to the first, second and fourth defendants as the “state defendants”. Mr. Cohen appeared on behalf of the sixth defendant, the daughter-in-law of the plaintiff.

[2] The plaintiff raised a point in limine on the special plea which in a nutshell was that all the facts were common cause negating the necessity of leading any evidence on the special plea.

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