Praescripto (Pty) Ltd v Van der Merwe Du Toit Inc and Others (66839/12) [2017] ZAGPPHC 400 (21 June 2017)

Praescripto (Pty) Ltd v Van der Merwe Du Toit Inc and Others (66839/12) [2017] ZAGPPHC 400 (21 June 2017)

The court found that the original judgment delivered on 7 October 2015 contained a typographical error in the citation of parties, listing three individuals who were not involved in the litigation. The error was purely clerical and did not affect the substance of the judgment or the orders granted. The court exercised its discretion to correct the citation, removing the incorrect names and confirming that the remainder of the judgment and the order remain unchanged. The correction ensures the record accurately reflects the parties to the proceedings without altering the legal effect of the judgment.

Citation
[2017] ZAGPPHC 400
Parties
Applicant: Praescripto (Pty) Ltd; Respondent: Van der Merwe Du Toit Inc; Respondent: Jan Lodewikus Pretorius N.O.; Respondent: Elizabeth Wilanda Prinsloo N.O.; Respondent: The Master of the North Gauteng High Court; Respondent: The South African Revenue Services; Respondent: The Companies and Intellectual Property Commission
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 June 2017
Case Number
66839/12
Procedural Posture
Leave to Appeal / Corrigendum on Judgment
Outcome
The judgment is corrected to remove the names of lmatu, Suzanne Terry, and Elizna Rochelle von Mollendorf from the citation; the remainder of the judgment and the order remain unchanged.
Judges
J Strydom
Legal Topics
Leave to Appeal, Correction of Judgment, Party Citation Error
Civil Procedure Leave to Appeal Correction of Judgment Party Citation Error

Case Brief

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Parties

Praescripto (Pty) Ltd

Applicant

Van der Merwe Du Toit Inc

Respondent

Jan Lodewikus Pretorius N.O.

Respondent

Elizabeth Wilanda Prinsloo N.O.

Respondent

The Master of the North Gauteng High Court

Respondent

The South African Revenue Services

Respondent

The Companies and Intellectual Property Commission

Respondent

Procedural Posture

Leave to Appeal / Corrigendum on Judgment

Legal Issues

  1. 1 Whether the judgment delivered on 7 October 2015 contained a citation error regarding the parties.
  2. 2 Whether the correction of the party names affects the substance or order of the judgment.

Ratio Decidendi

The court found that the original judgment delivered on 7 October 2015 contained a typographical error in the citation of parties, listing three individuals who were not involved in the litigation. The error was purely clerical and did not affect the substance of the judgment or the orders granted. The court exercised its discretion to correct the citation, removing the incorrect names and confirming that the remainder of the judgment and the order remain unchanged. The correction ensures the record accurately reflects the parties to the proceedings without altering the legal effect of the judgment.

Court Disposition

The judgment is corrected to remove the names of lmatu, Suzanne Terry, and Elizna Rochelle von Mollendorf from the citation; the remainder of the judgment and the order remain unchanged.

Orders

  • The names of lmatu, Suzanne Terry, and Elizna Rochelle von Mollendorf are removed from the judgment.
  • The remainder of the judgment and the order delivered on 7 October 2015 remain unchanged.