Engelbrecht v Bonolo Tissue Manufacturers (1196/04) [2005] ZANWHC 97 (1 December 2005)

Engelbrecht v Bonolo Tissue Manufacturers (1196/04) [2005] ZANWHC 97 (1 December 2005)

The court found that the objections raised by the respondent lacked substance. The intended amendment was not vague or embarrassing when read in context with the preceding paragraphs, which provided sufficient detail regarding occupation, payment, and amounts due. Any lack of particularity could be remedied by seeking further particulars or through evidence. The existence of the lease agreement was acknowledged in the respondent's plea, and the applicant's amendment was bona fide in response to new facts. The lease agreement stipulated the amounts payable, and the objections regarding cancellation and breach could be addressed through evidence. The court exercised its discretion to allow...

Citation
[2005] ZANWHC 97
Parties
Applicant: Riaan Engelbrecht; Respondent: Bonolo Tissue Manufacturers
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
1 December 2005
Case Number
1196/04
Procedural Posture
Civil Application / Application to Amend Particulars of Claim
Outcome
Application to amend particulars of claim granted; respondent to pay wasted costs.
Judges
V V Tlhapi
Legal Topics
Amendment of Pleadings, Lease Agreement, Occupational Rental, Breach of Contract
Civil Procedure Commercial and Corporate Amendment of Pleadings Lease Agreement Occupational Rental Breach of Contract

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 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Riaan Engelbrecht

Applicant

Bonolo Tissue Manufacturers

Respondent

Procedural Posture

Civil Application / Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend his particulars of claim.
  2. 2 Whether the proposed amendment is prejudicial to the respondent's defence.
  3. 3 Whether the particulars of claim, as amended, are vague and embarrassing or lack sufficient particularity.

Ratio Decidendi

The court found that the objections raised by the respondent lacked substance. The intended amendment was not vague or embarrassing when read in context with the preceding paragraphs, which provided sufficient detail regarding occupation, payment, and amounts due. Any lack of particularity could be remedied by seeking further particulars or through evidence. The existence of the lease agreement was acknowledged in the respondent's plea, and the applicant's amendment was bona fide in response to new facts. The lease agreement stipulated the amounts payable, and the objections regarding cancellation and breach could be addressed through evidence. The court exercised its discretion to allow...

Court Disposition

Application to amend particulars of claim granted; respondent to pay wasted costs.

Orders

  • The application to amend the plaintiff's particulars of claim is granted.
  • The respondent is to pay the wasted costs of this application.