ICT Globe Management (Pty) Ltd v MCT Telecommunications (Pty) Ltd (45176/2015) [2016] ZAGPPHC 1010 (14 October 2016)

ICT Globe Management (Pty) Ltd v MCT Telecommunications (Pty) Ltd (45176/2015) [2016] ZAGPPHC 1010 (14 October 2016)

The court found that neither party was able to produce the actual court order regarding the amendment. The judge held that, in the interests of progressing the litigation, logic and fairness required that the notice in terms of rule 26 be uplifted and that the respondent make available all documents listed in the applicant's rule 35 (12) notice within 10 days. The applicant was then ordered to file its plea within 10 days of inspecting or receiving the documents. The court clarified that the amendment to pleadings only takes effect upon compliance with rule 28 (7), unless the court orders otherwise, and that the applicant was entitled to the documents before being compelled to plead.

Citation
[2016] ZAGPPHC 1010
Parties
Applicant: ICT Globe Management (Pty) Ltd; Respondent: MCT Telecommunications (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 October 2016
Case Number
45176/2015
Procedural Posture
Civil Application / Application for Upliftment of Rule 26 Notice and Related Interlocutory Relief
Outcome
Application granted: notice in terms of rule 26 uplifted; respondent ordered to provide documents; applicant ordered to file plea after inspection; costs in the cause.
Judges
G. T. Avvakoumides
Legal Topics
Rule 26 Notice, Amendment of Pleadings, Rule 28 Application, Rule 35 Document Inspection, Late Filing, Costs in the Cause
Civil Procedure Rule 26 Notice Amendment of Pleadings Rule 28 Application Rule 35 Document Inspection Late Filing Costs in the Cause

Case Brief

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Parties

ICT Globe Management (Pty) Ltd

Applicant

MCT Telecommunications (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Application for Upliftment of Rule 26 Notice and Related Interlocutory Relief

Legal Issues

  1. 1 Whether the notice in terms of rule 26 should be uplifted.
  2. 2 Whether the respondent was required to make documents available under rule 35 (12).
  3. 3 Whether the amendment to pleadings was effected immediately or only upon compliance with rule 28 (7).

Ratio Decidendi

The court found that neither party was able to produce the actual court order regarding the amendment. The judge held that, in the interests of progressing the litigation, logic and fairness required that the notice in terms of rule 26 be uplifted and that the respondent make available all documents listed in the applicant's rule 35 (12) notice within 10 days. The applicant was then ordered to file its plea within 10 days of inspecting or receiving the documents. The court clarified that the amendment to pleadings only takes effect upon compliance with rule 28 (7), unless the court orders otherwise, and that the applicant was entitled to the documents before being compelled to plead.

Court Disposition

Application granted: notice in terms of rule 26 uplifted; respondent ordered to provide documents; applicant ordered to file plea after inspection; costs in the cause.

Orders

  • The notice in terms of rule 26 dated 16 February 2016 is uplifted.
  • The respondent must make available all documents listed in the applicant's rule 35 (12) notice dated 3 February 2016 within 10 days of this order and provide legible copies as necessary.