Century Civils CC and Another v Calsicrete Brickworks (Pty) Ltd; In Re: Century Civils CC v Calsibrick (Pty) Ltd (4145/2009) [2010] ZAGPPHC 618 (7 May 2010)

Century Civils CC and Another v Calsicrete Brickworks (Pty) Ltd; In Re: Century Civils CC v Calsibrick (Pty) Ltd (4145/2009) [2010] ZAGPPHC 618 (7 May 2010)

The court found that the amendment sought was to correct a misnomer in the citation of the defendant and not to substitute a non-existing party. The respondent was aware that it was the intended defendant, and the amendment was necessary to reflect the correct party. The plea of lis pendens does not bar the proceedings but may be raised in the main action or the second action for the court's convenience. The allegations made by the applicants, if proved, would entitle them to succeed, and the application for joinder was seriously made and not frivolous. The opposition to the application was not so complex as to warrant the employment of two counsel, and the costs of the opposed...

Citation
[2010] ZAGPPHC 618
Parties
Applicant: Century Civils CC; Applicant: Tienie van der Westhuizen Civil Engineering Consultants CC; Respondent: Calsicrete Brickworks (Pty) Ltd; Plaintiff: Century Civils CC; Defendant: Calsibrick (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 May 2010
Case Number
4145/2009
Procedural Posture
Civil Application / Interlocutory Application for Joinder and Amendment of Pleadings
Outcome
Application for joinder and amendment granted; costs awarded against respondent.
Judges
Matojane
Legal Topics
Joinder of Parties, Amendment of Pleadings, Lis Pendens, Costs Award
Civil Procedure Joinder of Parties Amendment of Pleadings Lis Pendens Costs Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Century Civils CC

Applicant

Tienie van der Westhuizen Civil Engineering Consultants CC

Applicant

Calsicrete Brickworks (Pty) Ltd

Respondent

Century Civils CC

Plaintiff

Calsibrick (Pty) Ltd

Defendant

Procedural Posture

Civil Application / Interlocutory Application for Joinder and Amendment of Pleadings

Legal Issues

  1. 1 Whether the second applicant should be joined as second plaintiff in the main action.
  2. 2 Whether the applicants should be granted leave to amend the particulars of claim to correct the citation of the defendant and substitute the particulars of claim.
  3. 3 Whether the plea of lis pendens raised by the respondent bars the joinder and amendment.

Ratio Decidendi

The court found that the amendment sought was to correct a misnomer in the citation of the defendant and not to substitute a non-existing party. The respondent was aware that it was the intended defendant, and the amendment was necessary to reflect the correct party. The plea of lis pendens does not bar the proceedings but may be raised in the main action or the second action for the court's convenience. The allegations made by the applicants, if proved, would entitle them to succeed, and the application for joinder was seriously made and not frivolous. The opposition to the application was not so complex as to warrant the employment of two counsel, and the costs of the opposed...

Court Disposition

Application for joinder and amendment granted; costs awarded against respondent.

Orders

  • Second applicant is joined as the second plaintiff under case number 4145/2009.
  • Leave is granted to applicants to amend the pleadings under case number 4145/2009 to give effect to the joinder of the second applicant as the second plaintiff.