Makapi N.O v Equadoor Interactive (Edms) Bpk (6600/2007) [2010] ZAGPPHC 573 (9 March 2010)

Makapi N.O v Equadoor Interactive (Edms) Bpk (6600/2007) [2010] ZAGPPHC 573 (9 March 2010)

The court found that the reference to 'Equador Interactive (Pty) Ltd' in the Service Level Agreement was an obvious typographical error and did not deprive the plaintiff of locus standi. The second defendant was cited in his representative capacity as Chief Executive Officer of Isett Seta, a statutory body established under the Skills Development Act. The particulars of claim, read as a whole, disclosed a cause of action against the second defendant in his official capacity. Both exceptions were therefore dismissed with costs.

Citation
[2010] ZAGPPHC 573
Parties
Applicant: Oupa Mapaki N.O; Respondent: Equadoor Interactive (Edms) Bpk; Plaintiff: Equadoor Interactive (Edms) Bpk; Defendant: The Minister of Labour N.O; Defendant: Oupa Mapaki N.O
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 March 2010
Case Number
6600/2007
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exceptions dismissed with costs.
Judges
Murphy
Legal Topics
Locus Standi, Cause of Action, Service Level Agreement, Nomine Officio, Statutory Body Liability
Civil Procedure Commercial and Corporate Locus Standi Cause of Action Service Level Agreement Nomine Officio Statutory Body Liability

Case Brief

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Parties

Oupa Mapaki N.O

Applicant

Equadoor Interactive (Edms) Bpk

Respondent

Equadoor Interactive (Edms) Bpk

Plaintiff

The Minister of Labour N.O

Defendant

Oupa Mapaki N.O

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff has locus standi to sue on the agreement.
  2. 2 Whether the particulars of claim disclose a cause of action against the second defendant.
  3. 3 Whether the second defendant, cited in his official capacity, can be held liable under the agreement.

Ratio Decidendi

The court found that the reference to 'Equador Interactive (Pty) Ltd' in the Service Level Agreement was an obvious typographical error and did not deprive the plaintiff of locus standi. The second defendant was cited in his representative capacity as Chief Executive Officer of Isett Seta, a statutory body established under the Skills Development Act. The particulars of claim, read as a whole, disclosed a cause of action against the second defendant in his official capacity. Both exceptions were therefore dismissed with costs.

Court Disposition

Exceptions dismissed with costs.

Orders

  • Both exceptions are dismissed with costs.