Food and Allied Workers' Union v Umbhaba Estates (Pty) Ltd (58679/2018) [2019] ZAGPPHC 973 (11 December 2019)
The court found that its previous order of 5 December 2019 omitted to grant the respondent/plaintiff leave to amend its particulars of claim. In terms of Rule 42 of the Uniform Rules of Court, the court is empowered to amend its own order to correct such an omission. The excipient/second defendant did not object to...
Source-derived case information.
- Citation
- [2019] ZAGPPHC 973
- Parties
- Defendant: Food and Allied Workers' Union; Plaintiff: Umbhaba Estates (Pty) Ltd
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 58679/2018
- Procedural Posture
- Civil Procedure / Amendment of Previous Order Under Rule 42
- Outcome
- Order amended to grant leave to amend particulars of claim within seven days from the date of this order.
- Judges
- C J Van der Westhuizen
- Legal Topics
- Rule 42 Uniform Rules, Amendment of Order, Leave to Amend Particulars
Source-derived case record
Summary, issues, holding and outcome
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Parties
Food and Allied Workers' Union
Defendant
Umbhaba Estates (Pty) Ltd
Plaintiff
Procedural Posture
Civil Procedure / Amendment of Previous Order Under Rule 42
Legal Issues
- 1 Whether the previous order omitted to grant the plaintiff leave to amend its particulars of claim.
- 2 Whether the court is empowered under Rule 42 to amend its own order to correct an omission.
Ratio Decidendi
The court found that its previous order of 5 December 2019 omitted to grant the respondent/plaintiff leave to amend its particulars of claim. In terms of Rule 42 of the Uniform Rules of Court, the court is empowered to amend its own order to correct such an omission. The excipient/second defendant did not object to the amendment. Accordingly, the order was amended to grant the respondent/plaintiff leave to amend its amended particulars of claim within seven days of the date of the new order, with the time period running from the date of this amending order.
Court Disposition
Order amended to grant leave to amend particulars of claim within seven days from the date of this order.
Orders
- The order of 5 December 2019 is amended to add: 'The respondent/plaintiff is granted leave to amend its amended particulars of claim, if so advised, within 7 (seven) days of the date of this order.'
- The seven days will run from the date of this order.
Full Case Text
Judgment text and source record
38 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES: YES/NO
(3) REVISED.
CASE NO.: 58679/2018
11/12/2019
In the matter between:
FOOD AND ALLIED WORKERS' UNION
Excipient/Second Defendant
and
UMBHABA ESTATES (PTY) LTD
Respondent/Plaintiff
JUDGMENT
VAN DER WESTHUIZEN, J
[1] In this matter I delivered a written judgment on 5 December 2019. My attention has been drawn to the fact that I did not in the order I granted afford the respondent/plaintiff an opportunity of amending its particulars of claim, should it be so advised.
[2] In terms of the provisions of Rule 42 of the Uniform Rules of Court, I am authorised to amend my order mero motu where there is an ambiguity or omission contained therein.
[3] I hereby amend the order granted on 5 December 2019 by adding a paragraph 4 that reads as follows:
“The respondent/plaintiff is granted leave to amend its amended particulars of claim, if so advised, within 7 (seven) days of the date of this order.”
[4] In view thereof that the 7 days may have expired by the time of this addition to the order of 5 December 2019, the time for an amendment
to the order of 5 December 2019 will run from the date of this amending order.
[5] I am advised that the excipient/ second defendant apparently has no objection to the grant of this amendment to the order of 5 December
2019.
I grant the following order:
1. The order of 5 December 2019 is amended in the following manner:
"4. The respondent/plaintiff is granted leave to amend its amended particulars of claim, if so advised, within 7 (seven) days of the date of this order.”
2. The seven days will run from the date of this order.
C J VAN DER WESTHUIZEN
JUDGE OF THE HIGH COURT
On behalf of Excipient/Second Defendant:
TMG Euijen SC
Instructed by:
Cheadle Thompson & Haysom Inc.
On behalf of Respondent:
EC Labuschagne SC
SG Maritz
Instructed by:
Adams & Adams Attorneys