Mechanism Development Manager v Yangtze Construction Co (PTY) Ltd (MA 340/2015) [2016] SCSC 490 (6 July 2016)

Mechanism Development Manager v Yangtze Construction Co (PTY) Ltd (MA 340/2015) [2016] SCSC 490 (6 July 2016)

The court found that the presence of the new defendant is necessary for the determination of the questions in controversy and granted leave to amend the plaint to correct the plaintiff's name and add the new defendant.

Citation
[2016] SCSC 490
Parties
Applicant: Mechanisation Development Manager; Respondent: Yangtze Construction Company (Proprietary) Limited
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 July 2016
Case Number
MA 340/2015
Procedural Posture
Civil / Ruling on Motion to Amend Plaint
Outcome
Motion to amend plaint granted
Legal Topics
Amendment of Pleadings, Joinder of Parties, Acknowledgement of Debt
Source Language
English
Civil Procedure Amendment of Pleadings Joinder of Parties Acknowledgement of Debt

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Parties

Mechanisation Development Manager

Applicant

Yangtze Construction Company (Proprietary) Limited

Respondent

Procedural Posture

Civil / Ruling on Motion to Amend Plaint

Legal Issues

  1. 1 Whether the plaint should be amended to correct the plaintiff's name and add a new defendant
  2. 2 Whether the new defendant can be joined based on the alleged personal liability for the debt

Ratio Decidendi

The court found that the presence of the new defendant is necessary for the determination of the questions in controversy and granted leave to amend the plaint to correct the plaintiff's name and add the new defendant.

Court Disposition

Motion to amend plaint granted

Orders

  • Plaintiff granted leave to correct its name
  • Mr. Zihai Yang to be added as defendant