Absa Bank Limited v Molepo (21651/13) [2020] ZAGPPHC 478 (4 September 2020)

Absa Bank Limited v Molepo (21651/13) [2020] ZAGPPHC 478 (4 September 2020)

The court held that the amendment sought by the plaintiff does not introduce a new cause of action but merely clarifies and corrects the terms, amounts, and interest rate applicable to the loan agreement. The defendant's objections do not amount to recognisable prejudice that would justify refusal of the amendment. The court emphasized that litigation should not be treated as a game and that justice is best served when all relevant facts are properly ventilated at trial. The defendant retains the right to raise any objections in his plea, and the amendment does not deprive him of any substantive rights. Accordingly, the amendment is granted, and the defendant is ordered to pay the costs...

Citation
[2020] ZAGPPHC 478
Parties
Applicant: Absa Bank Limited; Respondent: Molepo Nsizwa Cromet
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 September 2020
Case Number
21651/13
Procedural Posture
Civil Application / Application for Amendment of Particulars of Claim
Outcome
Application for amendment granted; defendant to pay costs on attorney and client scale.
Judges
Fabricius
Legal Topics
Amendment of Pleadings, Mortgage Loan Agreement, Default and Enforcement, Quantum of Debt, Interest Rate Variation
Civil Procedure Banking and Finance Amendment of Pleadings Mortgage Loan Agreement Default and Enforcement Quantum of Debt Interest Rate Variation

Case Brief

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Parties

Absa Bank Limited

Applicant

Molepo Nsizwa Cromet

Respondent

Procedural Posture

Civil Application / Application for Amendment of Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend its particulars of claim to reflect the correct terms, amounts, and interest rate of the loan agreement.
  2. 2 Whether the defendant will suffer prejudice if the amendment is granted.
  3. 3 Whether the amendment introduces a new cause of action.

Ratio Decidendi

The court held that the amendment sought by the plaintiff does not introduce a new cause of action but merely clarifies and corrects the terms, amounts, and interest rate applicable to the loan agreement. The defendant's objections do not amount to recognisable prejudice that would justify refusal of the amendment. The court emphasized that litigation should not be treated as a game and that justice is best served when all relevant facts are properly ventilated at trial. The defendant retains the right to raise any objections in his plea, and the amendment does not deprive him of any substantive rights. Accordingly, the amendment is granted, and the defendant is ordered to pay the costs...

Court Disposition

Application for amendment granted; defendant to pay costs on attorney and client scale.

Orders

  • Plaintiff is granted leave to amend its particulars of claim dated 5 March 2013 as set out in its notice of intention to amend dated 2 December 2019.
  • Amendments to the particulars of claim include correction of the amount to R5 125 456.62, interest rate to 6%, and relevant dates to 2 August 2019.