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Westensee v Linde & Westensee CC and Others (3499/2015) [2015] ZAECGHC 87

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Westensee v Linde & Westensee CC and Others (3499/2015) [2015] ZAECGHC 87

15th September 2015

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[1] This is an opposed application for the separation of certain issues in terms of the provisions of Rule 33(4) in respect of a trial action set down for hearing on 20 October 2015.

[2] The present applicant is the defendant in the main action.  First and second plaintiffs are two close corporations trading as Hendrick’s Pharmacy and Harrison’s Pharmacy respectively.  Third plaintiff is a member of both first and second plaintiffs and fourth plaintiff is a member of second plaintiff.

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[3] Defendant was, at all material times, a member of first and second plaintiffs.  She seeks an order in this application directing that the issues raised in her third special plea as well as in paragraphs 1 – 9 of the Plaintiff’s replication thereto, together with the costs thereof, be determined separately from any other questions and that all other issues arising between the parties stand over for later determination, if necessary.

[4] The third special plea raises the prescription of the plaintiff’s claim.  It is common cause that, if upheld, the special plea will render the decision of all other issues unnecessary.

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