Firstrand Bank Ltd NO and Others v Damelin (Pty) Ltd (67432/13) [2017] ZAGPPHC 787 (14 November 2017)

Firstrand Bank Ltd NO and Others v Damelin (Pty) Ltd (67432/13) [2017] ZAGPPHC 787 (14 November 2017)

The court held that the joinder of the cessionary and manager as plaintiffs was convenient and appropriate, given the uncertainty regarding the correct party to sue following the amalgamation agreement. The interests of justice require that procedural disputes do not obscure the real issues between the parties. Although the respondent raised prescription as a defence, there was evidence of a payment by the defendant that may interrupt prescription, and the applicants may have an answer to the prescription argument. The applicants provided a draft amended particulars of claim, which, while not perfect, sufficiently outlined the basis for joinder. The court ensured that the joinder order...

Citation
[2017] ZAGPPHC 787
Parties
Applicant: Firstrand Bank Ltd NO; Applicant: Strategic Real Estate Managers (Pty) Ltd; Applicant: Emira Property Fund Ltd; Respondent: Damelin (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 November 2017
Case Number
67432/13
Procedural Posture
Joinder Application / Interlocutory Application for Joinder of Parties as Plaintiffs
Outcome
Joinder granted for the second and third applicants as plaintiffs; costs awarded to the respondent.
Judges
Tuchten
Legal Topics
Joinder of Parties, Prescription Act, Collective Investment Schemes Act, Locus Standi, Amendment of Pleadings
Civil Procedure Commercial and Corporate Joinder of Parties Prescription Act Collective Investment Schemes Act Locus Standi Amendment of Pleadings

Case Brief

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Parties

Firstrand Bank Ltd NO

Applicant

Strategic Real Estate Managers (Pty) Ltd

Applicant

Emira Property Fund Ltd

Applicant

Damelin (Pty) Ltd

Respondent

Procedural Posture

Joinder Application / Interlocutory Application for Joinder of Parties as Plaintiffs

Legal Issues

  1. 1 Whether the manager and cessionary should be joined as plaintiffs to the action.
  2. 2 Whether the claims of the manager and cessionary have prescribed under the Prescription Act.
  3. 3 Whether the joinder would prejudice the respondent's right to raise prescription or other defences.

Ratio Decidendi

The court held that the joinder of the cessionary and manager as plaintiffs was convenient and appropriate, given the uncertainty regarding the correct party to sue following the amalgamation agreement. The interests of justice require that procedural disputes do not obscure the real issues between the parties. Although the respondent raised prescription as a defence, there was evidence of a payment by the defendant that may interrupt prescription, and the applicants may have an answer to the prescription argument. The applicants provided a draft amended particulars of claim, which, while not perfect, sufficiently outlined the basis for joinder. The court ensured that the joinder order...

Court Disposition

Joinder granted for the second and third applicants as plaintiffs; costs awarded to the respondent.

Orders

  • The second and third applicants are joined as second and third plaintiffs respectively to the action under case no. 67432/13.
  • Neither the fact of this order nor its contents shall prejudice the respondent in raising any defence, including prescription, to the claims in the action.