SUMMARY

Land Court dismissing originating application as being res judicata and not dealing with prescription, when on pleadings parties made common cause that on the face of it the land in respect of which appellants now sought to be restored in present case question was different to the land in previous litigation. Land Court’s order set aside and matter remitted to that court to determine the pleas of res judicata and prescription after hearing evidence.

Summary

Special plea – prescription – prescriptive period under section 6 of the Government Proceedings and Contracts Act of 1965 – Interruption by mental disorder - whether the prescriptive period under this legislation is subject to the provisions of prescription Act of 1861.  If yes, whether the evidence satisfactorily establishes that at the material time, the deceased’s disorder rendered him incapable of managing his own affairs or validly concluding contracts.

                                                       SUMMARY

CIVIL PRACTICE: The plaintiff excepting to the defendant’s claim in reconvention where the defendant had claimed compensation from the supposed wrongdoer instead of the insurance company- Exception upheld.