Lesole Agencies CC v Eskom (2555/2016) [2018] ZAFSHC 160 (16 October 2018)

Lesole Agencies CC v Eskom (2555/2016) [2018] ZAFSHC 160 (16 October 2018)

The court exercised its discretion to grant leave to amend, finding that the proposed amendment does not introduce a new cause of action and does not prejudice the respondent. The facts required to be proved remain unchanged, and the interests of justice demand that all issues be fully ventilated at trial. The respondent's argument that the amendment fails to comply with the previous judgment was rejected, as the amendment clarifies the contractual basis without introducing a new claim. The application for leave to amend was therefore granted, and the respondent was ordered to pay the costs of the application.

Citation
[2018] ZAFSHC 160
Parties
Plaintiff: Lesole Agencies CC; Defendant: Eskom
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
16 October 2018
Case Number
2555/2016
Procedural Posture
Leave to Amend / Application for Leave to Amend Particulars of Claim Following Exception Upheld
Outcome
Leave to amend granted; respondent to pay costs.
Judges
Mathebula
Legal Topics
Amendment of Pleadings, Contractual Variation, Exception Procedure
Civil Procedure Commercial and Corporate Amendment of Pleadings Contractual Variation Exception Procedure

Case Brief

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Parties

Lesole Agencies CC

Plaintiff

Eskom

Defendant

Procedural Posture

Leave to Amend / Application for Leave to Amend Particulars of Claim Following Exception Upheld

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend its particulars of claim as proposed.
  2. 2 Whether the proposed amendment introduces a new cause of action or prejudices the respondent.
  3. 3 Whether the amendment sufficiently addresses the grounds of exception previously upheld.

Ratio Decidendi

The court exercised its discretion to grant leave to amend, finding that the proposed amendment does not introduce a new cause of action and does not prejudice the respondent. The facts required to be proved remain unchanged, and the interests of justice demand that all issues be fully ventilated at trial. The respondent's argument that the amendment fails to comply with the previous judgment was rejected, as the amendment clarifies the contractual basis without introducing a new claim. The application for leave to amend was therefore granted, and the respondent was ordered to pay the costs of the application.

Court Disposition

Leave to amend granted; respondent to pay costs.

Orders

  • The applicant is granted leave to amend its particulars of claim on the terms set out in its notice of intention to amend.
  • The applicant is authorized and ordered to effect the amendment within ten (10) days of this order.