Liberty Group Limited and Others v Tikka n Kebab CC t/a Ghazal Express and Another (038205/2023) [2024] ZAGPPHC 1020 (16 October 2024)

Liberty Group Limited and Others v Tikka n Kebab CC t/a Ghazal Express and Another (038205/2023) [2024] ZAGPPHC 1020 (16 October 2024)

The plaintiffs failed to comply with the court order dated 22 November 2023, which required them to amend their particulars of claim within 20 days. By withdrawing their first notice of amendment after the expiry of the period and delivering a second notice outside the permitted timeframe, without seeking condonation, the plaintiffs took an irregular step. The court found that the plaintiffs' conduct amounted to non-compliance with the order and that the second notice of amendment constituted an irregular proceeding under Rule 30. The court granted the defendants' application, set aside the second notice of amendment, and afforded the plaintiffs a further 10 days to give notice of...

Citation
[2024] ZAGPPHC 1020
Parties
Plaintiff: Liberty Group Limited; Plaintiff: 2 Degrees Properties (Pty) Ltd; Plaintiff: Pareto Limited; Defendant: Tikka 'N Kebab CC t/a Ghazal Express; Defendant: Bhoupinder Grill
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 October 2024
Case Number
038205/2023
Procedural Posture
Civil Procedure / Interlocutory Application Regarding Irregular Proceedings and Amendment of Particulars of Claim
Outcome
Defendants' application succeeds; plaintiffs' second notice of amendment is set aside as irregular. Plaintiffs are given 10 days to file a new notice of intention to amend. Failing compliance, defendants may apply to strike out the claim and obtain judgment with costs.
Judges
J.S. Nyathi
Legal Topics
Amendment of Pleadings, Irregular Proceedings, Court Order Compliance, Condonation, Rule 28, Rule 30
Civil Procedure Amendment of Pleadings Irregular Proceedings Court Order Compliance Condonation Rule 28 Rule 30

Case Brief

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Parties

Liberty Group Limited

Plaintiff

2 Degrees Properties (Pty) Ltd

Plaintiff

Pareto Limited

Plaintiff

Tikka 'N Kebab CC t/a Ghazal Express

Defendant

Bhoupinder Grill

Defendant

Procedural Posture

Civil Procedure / Interlocutory Application Regarding Irregular Proceedings and Amendment of Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs' delivery of a second notice of amendment outside the time period stipulated by the court order constitutes an irregular proceeding.
  2. 2 Whether the plaintiffs complied with the order of Naude AJ dated 22 November 2023 granting leave to amend within 20 days.
  3. 3 Whether the plaintiffs should have sought condonation for their delay in amending the particulars of claim.

Ratio Decidendi

The plaintiffs failed to comply with the court order dated 22 November 2023, which required them to amend their particulars of claim within 20 days. By withdrawing their first notice of amendment after the expiry of the period and delivering a second notice outside the permitted timeframe, without seeking condonation, the plaintiffs took an irregular step. The court found that the plaintiffs' conduct amounted to non-compliance with the order and that the second notice of amendment constituted an irregular proceeding under Rule 30. The court granted the defendants' application, set aside the second notice of amendment, and afforded the plaintiffs a further 10 days to give notice of...

Court Disposition

Defendants' application succeeds; plaintiffs' second notice of amendment is set aside as irregular. Plaintiffs are given 10 days to file a new notice of intention to amend. Failing compliance, defendants may apply to strike out the claim and obtain judgment with costs.

Orders

  • The defendant’s application succeeds.
  • The delivery by plaintiffs of the notice of amendment dated 29 January 2024 is declared an irregular step and is set aside.