[zRPz]'>(1) BROOKER v MUDHANDA & ANOR (2) PEARCE v MUDHANDA & ANOR 2018 (1) ZLR 33 (S)
Citation  | 2018 (1) ZLR 33 (S)  | 
Case No  | Judgment No. S-5-18  | 
Court  | Supreme Court, Harare  | 
Judge  | Gowora JA, Hlatshwayo JA & Bhunu JA  | 
Heard  | 6 June 2016  | 
Judgment  | 5 February 2018  | 
Counsel  | D Ochieng, for the appellants  | 
Case Type  | Civil appeal  | 
Annotations  | 
Flynote
Practice and procedure – plea – special plea – effect – if successful, can destroy the action or postpone the proceedings – new facts arise from special plea – need for evidence – court can only make finding on cause of action after hearing evidence
Prescription – onus – onus on defendant to show that claim prescribed – plaintiff alleging that prescription interrupted or waived – onus on plaintiff
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