The appellant, Stanley Ellias Leketi, claimed that immovable property known as Nooitgedacht No. 287, Rustenburg, belonged to his late father, George Mogale, who died in 1966. He alleged that on 25 June 1969 his grandfather, Albert Mogale, fraudulently caused the property to be transferred into his own name by falsely representing to the Registrar of Deeds that he was the sole male heir under Black customary law and by failing to disclose the existence of George’s three children, including the appellant. Albert later bequeathed the property by will to the second and third respondents. Although the alleged fraud occurred in 1969, the appellant only instituted action between February and May 2004, seeking declaratory and vindicatory relief. The executor of Albert’s estate raised a special plea of prescription.