Silversand (Pty) Ltd v Bonne (CS 187/1995) [1997] SCSC 6 (6 March 1997)

Silversand (Pty) Ltd v Bonne (CS 187/1995) [1997] SCSC 6 (6 March 1997)

The misdescription of the plaintiff as a 'firm' instead of its correct company name did not mislead the defendant or change the character of the suit; the amendment is allowed to substitute the proper name of the plaintiff company.

Citation
[1997] SCSC 6
Parties
Plaintiff: Silversands (Proprietary) Ltd; Defendant: Bonne
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 March 1997
Case Number
CS 187/1995
Procedural Posture
Civil / Interlocutory Ruling on Amendment and Locus Standi
Outcome
amendment allowed
Legal Topics
Locus Standi, Misdescription of Parties, Amendment of Pleadings
Source Language
English
Civil Procedure Company Law Locus Standi Misdescription of Parties Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Silversands (Proprietary) Ltd

Plaintiff

Bonne

Defendant

Procedural Posture

Civil / Interlocutory Ruling on Amendment and Locus Standi

Legal Issues

  1. 1 Whether the plaintiff as described had locus standi to sue
  2. 2 Whether amendment of the plaint to correct the plaintiff's name is permissible

Ratio Decidendi

The misdescription of the plaintiff as a 'firm' instead of its correct company name did not mislead the defendant or change the character of the suit; the amendment is allowed to substitute the proper name of the plaintiff company.

Court Disposition

amendment allowed

Orders

  • Substitution of the proper name and style of 'Silversands (Proprietary) Ltd' as plaintiff allowed
  • Amendment of paragraph 1 of the plaint as prayed for in the motion dated 29 September 1995 allowed