GR5 Degreaser Trading CC v Enterprise Development Solutions Projects (Pty) Ltd and Others (39959/2014) [2016] ZAGPJHC 67 (18 March 2016)

GR5 Degreaser Trading CC v Enterprise Development Solutions Projects (Pty) Ltd and Others (39959/2014) [2016] ZAGPJHC 67 (18 March 2016)

The court found that no relief is sought against Kichenbrand and that he has, according to the defendants, assigned all his interest in the logo. The evidence sought from Kichenbrand can be obtained by subpoena, and joinder is not justified merely to facilitate discovery. The possibility of prejudice to Kichenbrand through res judicata is remote and speculative, as he has no current interest in the subject matter and has opposed joinder. The court held that joinder is unnecessary where the party has no legal interest in the outcome and where alternative means exist to obtain evidence. Accordingly, the application for joinder was dismissed.

Citation
[2016] ZAGPJHC 67
Parties
Applicant: GR5 Degreaser Trading CC; Respondent: Enterprise Development Solutions Projects (Pty) Ltd; Respondent: GR5; Respondent: Rogers, Dennis Clive; Respondent: Kichenbrand, Jacques
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 March 2016
Case Number
39959/2014
Procedural Posture
Joinder Application / Application for Joinder of Fourth Defendant to Pending Action
Outcome
Application for joinder of Jacques Kichenbrand as fourth defendant dismissed with costs.
Judges
Satchwell
Legal Topics
Joinder of Parties, Copyright Assignment, Trade Mark Infringement, Discovery and Evidence
Civil Procedure Intellectual Property Joinder of Parties Copyright Assignment Trade Mark Infringement Discovery and Evidence

Case Brief

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Parties

GR5 Degreaser Trading CC

Applicant

Enterprise Development Solutions Projects (Pty) Ltd

Respondent

GR5

Respondent

Rogers, Dennis Clive

Respondent

Kichenbrand, Jacques

Respondent

Procedural Posture

Joinder Application / Application for Joinder of Fourth Defendant to Pending Action

Legal Issues

  1. 1 Whether Jacques Kichenbrand should be joined as fourth defendant to the plaintiff's claim.
  2. 2 Whether joinder is necessary to protect Kichenbrand's interests or to facilitate discovery of evidence.
  3. 3 Whether Kichenbrand has any legal interest in the outcome of the proceedings warranting his joinder.

Ratio Decidendi

The court found that no relief is sought against Kichenbrand and that he has, according to the defendants, assigned all his interest in the logo. The evidence sought from Kichenbrand can be obtained by subpoena, and joinder is not justified merely to facilitate discovery. The possibility of prejudice to Kichenbrand through res judicata is remote and speculative, as he has no current interest in the subject matter and has opposed joinder. The court held that joinder is unnecessary where the party has no legal interest in the outcome and where alternative means exist to obtain evidence. Accordingly, the application for joinder was dismissed.

Court Disposition

Application for joinder of Jacques Kichenbrand as fourth defendant dismissed with costs.

Orders

  • The application for the joinder of Jacques Kichenbrand as the fourth defendant to the plaintiff's claim is dismissed with costs.
  • Costs to include those consequent upon the employment of two counsel by defendants/respondent.