Papesch v Spanholtz (19183/2007) [2017] ZAWCHC 121 (31 October 2017)

Papesch v Spanholtz (19183/2007) [2017] ZAWCHC 121 (31 October 2017)

The court found that the proposed amendments sought to introduce new causes of action, specifically a breach of warranty and a claim for negligent misrepresentation, which were not part of the original claim in reconvention. On the pleaded facts, the applicant was or ought to have been aware of the existence of the right of way and the extent of water rights more than three years prior to the filing of the notice of intention to amend. The claims have therefore prescribed under section 12(1) and 12(3) of the Prescription Act. Furthermore, the proposed amendments do not disclose valid causes of action, as the damages claimed exceed the purchase price and the applicant failed to plead...

Citation
[2017] ZAWCHC 121
Parties
Applicant: Uwe Papesch; Respondent: Axel Bernhard Spanholtz
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
31 October 2017
Case Number
19183/2007
Procedural Posture
Leave to Amend / Application for Leave to Amend Claim in Reconvention Under Rule 28(4)
Outcome
Application for leave to amend claim in reconvention dismissed with costs.
Judges
Le Grange
Legal Topics
Amendment of Pleadings, Prescription Act, Breach of Contract, Negligent Misrepresentation
Civil Procedure Commercial and Corporate Amendment of Pleadings Prescription Act Breach of Contract Negligent Misrepresentation

Case Brief

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Parties

Uwe Papesch

Applicant

Axel Bernhard Spanholtz

Respondent

Procedural Posture

Leave to Amend / Application for Leave to Amend Claim in Reconvention Under Rule 28(4)

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend its claim in reconvention to introduce new claims.
  2. 2 Whether the proposed amendments introduce new causes of action that have prescribed under the Prescription Act.
  3. 3 Whether the proposed amendments disclose valid causes of action in contract or delict.

Ratio Decidendi

The court found that the proposed amendments sought to introduce new causes of action, specifically a breach of warranty and a claim for negligent misrepresentation, which were not part of the original claim in reconvention. On the pleaded facts, the applicant was or ought to have been aware of the existence of the right of way and the extent of water rights more than three years prior to the filing of the notice of intention to amend. The claims have therefore prescribed under section 12(1) and 12(3) of the Prescription Act. Furthermore, the proposed amendments do not disclose valid causes of action, as the damages claimed exceed the purchase price and the applicant failed to plead...

Court Disposition

Application for leave to amend claim in reconvention dismissed with costs.

Orders

  • The applicant's application for leave to amend its claim in reconvention is dismissed with costs.