Ndaba v Mhlambi (AR 267/10) [2011] ZAKZPHC 17 (4 April 2011)

Ndaba v Mhlambi (AR 267/10) [2011] ZAKZPHC 17 (4 April 2011)

The court found that the incorrect reflection of the respondent's name in the heading of the judgment and the attorneys of record in the record of appearances were patent clerical errors as envisaged by Rule 42(1)(b). The judgment heading and record of appearances were amended to correctly reflect Joseph Jamela Mhlambi as the respondent and Louis M. Podbielski as the attorneys of record.

Citation
[2011] ZAKZPHC 17
Parties
Appellant: Vincent Delani Ndaba; Respondent: Joseph Jamela Mhlambi
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
4 April 2011
Case Number
AR 267/10
Procedural Posture
Civil Appeal / Addendum to Judgment
Outcome
Clerical errors in the judgment heading and record of appearances were corrected under Rule 42(1)(b).
Judges
K. Swain, J. Ploos van Amstel
Legal Topics
Clerical Error, Amendment of Judgment Heading, Rule 42 Application
Civil Procedure Clerical Error Amendment of Judgment Heading Rule 42 Application

Case Brief

Summary, issues, holding and outcome

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Parties

Vincent Delani Ndaba

Appellant

Joseph Jamela Mhlambi

Respondent

Procedural Posture

Civil Appeal / Addendum to Judgment

Legal Issues

  1. 1 Whether the respondent was incorrectly named in the heading of the judgment due to a clerical error.
  2. 2 Whether the record of appearances incorrectly reflected the respondent's attorneys.

Ratio Decidendi

The court found that the incorrect reflection of the respondent's name in the heading of the judgment and the attorneys of record in the record of appearances were patent clerical errors as envisaged by Rule 42(1)(b). The judgment heading and record of appearances were amended to correctly reflect Joseph Jamela Mhlambi as the respondent and Louis M. Podbielski as the attorneys of record.

Court Disposition

Clerical errors in the judgment heading and record of appearances were corrected under Rule 42(1)(b).

Orders

  • The heading to the judgment is amended to reflect Joseph Jamela Mhlambi as the respondent.
  • The record of appearances is amended to reflect Louis M. Podbielski as the respondent's attorneys.