precluded the court from directing the respondent to file a replication and from thence to hear the matter on the issues raised in the plea and the replication. In the circumstances it seems to me just that this is the procedure that the court should adopt in order for the special pleas to be properly dealt with, and an order for the remittal of the matter to the court would best a quo achieve this. In the premises the following orders will issue: Case Number SC 457/15 The appeal be and is hereby allowed with costs. The judgment of the court is set aside. a quo The matter is remitted to the court for a proper determination of the plea of a quo prescription on evidence. Case Number SC 458/15 The appeal be and is hereby allowed with costs. The judgment of the court is set aside. a quo The matter is remitted to the court for a proper determination of the plea of a quo prescription on evidence. HLATSHWAYO JA: I agree
precluded the court from directing the respondent to file a replication and from thence to hear the matter on the issues raised in the plea and the replication. In the circumstances it seems to me just that this is the procedure that the court should adopt in order for the special pleas to be properly dealt with, and an order for the remittal of the matter to the court a quo would best achieve this. In the premises the following orders will issue: Case Number SC 457/15 The appeal be and is hereby allowed with costs. The judgment of the court a quo is set aside. The matter is remitted to the court a quo for a proper determination of the plea of prescription on evidence. Case Number SC 458/15 The appeal be and is hereby allowed with costs. The judgment of the court a quo is set aside. The matter is remitted to the court a quo for a proper determination of the plea of prescription on evidence. HLATSHWAYO JA: I agree