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.
 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.
Shikoane v Government of the Republic of South Africa and Others (16926/2001)  ZAGPPHC 7200.50 MB