Growing Business CC v Kivi Architects (Pty) T/A KM Architects (34169/14) [2015] ZAGPPHC 858 (11 December 2015)

Growing Business CC v Kivi Architects (Pty) T/A KM Architects (34169/14) [2015] ZAGPPHC 858 (11 December 2015)

The court found that the defendant had already admitted its indebtedness to the plaintiff in the sum claimed, less payments made, and that the outstanding balance was not in dispute. The proposed amendment did not raise any new or bona fide defence and would serve only to delay proceedings unnecessarily. The application for amendment was therefore dismissed as an abuse of process, and costs were awarded against the defendant.

Citation
[2015] ZAGPPHC 858
Parties
Plaintiff: Growing Business CC; Defendant: Kivi Architects (Pty) T/A KM Architects
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 December 2015
Case Number
34169/14
Procedural Posture
Civil Application / Application for Amendment of Plea
Outcome
Application for amendment of the defendant's plea dismissed with costs.
Judges
MF Legodi
Legal Topics
Amendment of Pleadings, Acknowledgement of Debt, Summary Judgment, Costs Award
Civil Procedure Amendment of Pleadings Acknowledgement of Debt Summary Judgment Costs Award

Case Brief

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Parties

Growing Business CC

Plaintiff

Kivi Architects (Pty) T/A KM Architects

Defendant

Procedural Posture

Civil Application / Application for Amendment of Plea

Legal Issues

  1. 1 Whether the defendant should be permitted to amend its plea to dispute the amount owed to the plaintiff.
  2. 2 Whether the proposed amendment constitutes a bona fide defence to the plaintiff's claim.
  3. 3 Whether the application for amendment is an abuse of process.

Ratio Decidendi

The court found that the defendant had already admitted its indebtedness to the plaintiff in the sum claimed, less payments made, and that the outstanding balance was not in dispute. The proposed amendment did not raise any new or bona fide defence and would serve only to delay proceedings unnecessarily. The application for amendment was therefore dismissed as an abuse of process, and costs were awarded against the defendant.

Court Disposition

Application for amendment of the defendant's plea dismissed with costs.

Orders

  • The application for amendment of the defendant's plea is dismissed.
  • The defendant is ordered to pay the costs of the application.