African Aqui Cultures (Pty) Ltd v Uys and Others (16894/2007) [2010] ZAWCHC 18 (18 February 2010)

African Aqui Cultures (Pty) Ltd v Uys and Others (16894/2007) [2010] ZAWCHC 18 (18 February 2010)

The court found that the Applicants provided a reasonable explanation for the withdrawal of their previous admission regarding the date of the sale of shares agreement. The omission of the 3 August 2007 agreement in the Plea was attributed to the negligence or error of their former attorneys. The application for...

Source-derived case information.

Citation
[2010] ZAWCHC 18
Parties
Plaintiff: African Aqui Cultures (Pty) Ltd; Defendant: Cornelis Frank Uys; Defendant: Dennis Jacobus Bishop; Defendant: Victor James Weber; Applicant: Farmprops 56 (Pty) Ltd; Applicant: Mcedisi Mac Kweleta
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 February 2010
Case Number
16894/2007
Procedural Posture
Amendment Application / Application for Amendment of Pleadings Prior to Trial
Outcome
Application for amendment granted.
Judges
Samela
Legal Topics
Amendment of Pleadings, Withdrawal of Admission, Sale of Shares, Excipiable Pleading
Civil Procedure Commercial and Corporate Amendment of Pleadings Withdrawal of Admission Sale of Shares Excipiable Pleading

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Parties

African Aqui Cultures (Pty) Ltd

Plaintiff

Cornelis Frank Uys

Defendant

Dennis Jacobus Bishop

Defendant

Victor James Weber

Defendant

Farmprops 56 (Pty) Ltd

Applicant

Mcedisi Mac Kweleta

Applicant

Procedural Posture

Amendment Application / Application for Amendment of Pleadings Prior to Trial

Legal Issues

  1. 1 Whether the Fourth and Fifth Defendants have fulfilled the requirements for withdrawal of an admission in their Plea.
  2. 2 Whether the proposed amendment to the Plea would render it excipiable.

Ratio Decidendi

The court found that the Applicants provided a reasonable explanation for the withdrawal of their previous admission regarding the date of the sale of shares agreement. The omission of the 3 August 2007 agreement in the Plea was attributed to the negligence or error of their former attorneys. The application for amendment was not made mala fide and would not cause injustice to the Plaintiff, especially as pleadings had closed and no trial date had been set. The proposed amendment was not vague, embarrassing, or lacking necessary averments to sustain a defence, and evidence could be led to disclose a cause of action or defence. Therefore, the amendment was granted to allow the parties to...

Court Disposition

Application for amendment granted.

Orders

  • The Applicants are granted leave to amend their Plea.
  • The amendment is granted with costs.