Biggs and Another v Cousins and Others (3323/2013) [2014] ZAECPEHC 104 (15 July 2014)

Biggs and Another v Cousins and Others (3323/2013) [2014] ZAECPEHC 104 (15 July 2014)

The court held that the applicants failed to demonstrate that the evidence they sought to introduce was material to the main application or that their failure to adduce it earlier was not due to a lack of reasonable diligence. The evidence related to matters already settled by agreement and made an order of court, and its introduction would amount to a new cause of action, which is impermissible at this stage. The court emphasized the need for finality in judicial proceedings and found that the applicants' conduct amounted to an abuse of process. Accordingly, the application to file further affidavits and to amend the papers was dismissed with costs.

Citation
[2014] ZAECPEHC 104
Parties
Applicant: Anthony Lauriston Biggs; Applicant: Ridge Farm CC; Respondent: Allan Cousins; Respondent: Gerald Whitehead; Respondent: Gysbert Jacobus van Deventer; Respondent: Addo Afrique Safari Lodge CC; Respondent: Addo Afrique Estate (Pty) Ltd
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
15 July 2014
Case Number
3323/2013
Procedural Posture
Civil Application / Interlocutory Application for Leave to File Further Affidavits and Amend Papers Before Judgment in Main Application
Outcome
Application dismissed with costs, including costs occasioned by the employment of two counsel where necessary.
Judges
P.W. Tshiki
Legal Topics
Filing of Further Affidavits, Amendment of Pleadings, Arbitration Act Section 33, Abuse of Process
Civil Procedure Commercial and Corporate Filing of Further Affidavits Amendment of Pleadings Arbitration Act Section 33 Abuse of Process

Case Brief

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Parties

Anthony Lauriston Biggs

Applicant

Ridge Farm CC

Applicant

Allan Cousins

Respondent

Gerald Whitehead

Respondent

Gysbert Jacobus van Deventer

Respondent

Addo Afrique Safari Lodge CC

Respondent

Addo Afrique Estate (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Interlocutory Application for Leave to File Further Affidavits and Amend Papers Before Judgment in Main Application

Legal Issues

  1. 1 Whether the applicants should be granted leave to file further affidavits after judgment was reserved in the main application.
  2. 2 Whether the applicants should be permitted to amend their papers in the main application.
  3. 3 Whether the evidence sought to be introduced is material and not an abuse of process.

Ratio Decidendi

The court held that the applicants failed to demonstrate that the evidence they sought to introduce was material to the main application or that their failure to adduce it earlier was not due to a lack of reasonable diligence. The evidence related to matters already settled by agreement and made an order of court, and its introduction would amount to a new cause of action, which is impermissible at this stage. The court emphasized the need for finality in judicial proceedings and found that the applicants' conduct amounted to an abuse of process. Accordingly, the application to file further affidavits and to amend the papers was dismissed with costs.

Court Disposition

Application dismissed with costs, including costs occasioned by the employment of two counsel where necessary.

Orders

  • The application by applicants to file further evidence and to amend is dismissed with costs, including costs occasioned by the employment of two counsel where necessary.