Dos Santos v Madibeng Rental (Pty) Ltd t/a Chas Everitt Property Rentals Hartbeespoort (32206/2022) [2024] ZAGPPHC 315 (28 March 2024)

Dos Santos v Madibeng Rental (Pty) Ltd t/a Chas Everitt Property Rentals Hartbeespoort (32206/2022) [2024] ZAGPPHC 315 (28 March 2024)

The court found that the applicant's proposed amendments to the particulars of claim were not mala fide and would not cause prejudice or injustice to the respondent. Any alleged vagueness, embarrassment, or nondisclosure of a cause of action could be addressed at trial. The amendments would assist in the proper ventilation of the dispute and serve the interests of justice. The respondent's objections were without merit, and the application to amend was upheld. Costs were awarded to the applicant, as the general rule is that costs follow the result and no exceptional circumstances justified a departure from this principle.

Citation
[2024] ZAGPPHC 315
Parties
Applicant: Jeanette Dos Santos; Respondent: Madibeng Rental (Pty) Ltd t/a Chas Everitt Property Rentals Hartbeespoort
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 March 2024
Case Number
32206/2022
Procedural Posture
Interlocutory Application / Application for Leave to Amend Particulars of Claim
Outcome
Application to amend particulars of claim upheld; costs awarded to applicant.
Judges
L Barit
Legal Topics
Amendment of Pleadings, Uniform Rules of Court Rule 28, Cause of Action, Costs Award
Civil Procedure Amendment of Pleadings Uniform Rules of Court Rule 28 Cause of Action Costs Award

Case Brief

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Parties

Jeanette Dos Santos

Applicant

Madibeng Rental (Pty) Ltd t/a Chas Everitt Property Rentals Hartbeespoort

Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend her particulars of claim.
  2. 2 Whether the proposed amendments are vague, embarrassing, or fail to disclose a cause of action.
  3. 3 Whether the respondent will suffer prejudice or injustice if the amendment is granted.

Ratio Decidendi

The court found that the applicant's proposed amendments to the particulars of claim were not mala fide and would not cause prejudice or injustice to the respondent. Any alleged vagueness, embarrassment, or nondisclosure of a cause of action could be addressed at trial. The amendments would assist in the proper ventilation of the dispute and serve the interests of justice. The respondent's objections were without merit, and the application to amend was upheld. Costs were awarded to the applicant, as the general rule is that costs follow the result and no exceptional circumstances justified a departure from this principle.

Court Disposition

Application to amend particulars of claim upheld; costs awarded to applicant.

Orders

  • The applicant is granted leave to amend her particulars of claim as set out in the Notice to Amend.
  • The applicant is permitted to effect the amendments in issue.