Rope Construction Co (Pty) Ltd v Blazercor 116 CC and Another (CA&R117/2016) [2017] ZANCHC 40 (26 May 2017)

Rope Construction Co (Pty) Ltd v Blazercor 116 CC and Another (CA&R117/2016) [2017] ZANCHC 40 (26 May 2017)

The magistrate erred in refusing the appellant's amendment to the particulars of claim, as the amendment was necessary to bring the pleadings in line with uncontested evidence and did not cause irreparable prejudice to the respondents. The second respondent, Lange, was bound as surety and co-principal debtor by signing the credit application, and the certificate of balance provided prima facie proof of the debt owed. The respondents failed to challenge the evidence or the certificate of balance effectively. The appeal was upheld, and the order of the court a quo was set aside and substituted with an order for payment by the second respondent.

Citation
[2017] ZANCHC 40
Parties
Appellant: Rope Construction Co (Pty) Ltd; Respondent: Blazecor 116 CC; Respondent: Lange, Izak Jacobus Jeremias
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
26 May 2017
Case Number
CA&R 117/2016
Procedural Posture
Civil Appeal / Appeal Against Magistrate's Refusal to Allow Amendment to Particulars of Claim and Dismissal of Claim
Outcome
Appeal upheld. The order of the magistrate's court is set aside and replaced with an order for payment by the second respondent.
Judges
Mamosebo, Ndlokovane
Legal Topics
Amendment of Pleadings, Suretyship, Certificate of Balance, Business Rescue, Enforcement of Guarantees
Civil Procedure Commercial and Corporate Amendment of Pleadings Suretyship Certificate of Balance Business Rescue Enforcement of Guarantees

Case Brief

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Parties

Rope Construction Co (Pty) Ltd

Appellant

Blazecor 116 CC

Respondent

Lange, Izak Jacobus Jeremias

Respondent

Procedural Posture

Civil Appeal / Appeal Against Magistrate's Refusal to Allow Amendment to Particulars of Claim and Dismissal of Claim

Legal Issues

  1. 1 Whether the magistrate erred in refusing the appellant's amendment to the particulars of claim during trial.
  2. 2 Whether the suretyship embodied in the credit application binds the second respondent.
  3. 3 Whether uncontested evidence should have been reflected in the pleadings.

Ratio Decidendi

The magistrate erred in refusing the appellant's amendment to the particulars of claim, as the amendment was necessary to bring the pleadings in line with uncontested evidence and did not cause irreparable prejudice to the respondents. The second respondent, Lange, was bound as surety and co-principal debtor by signing the credit application, and the certificate of balance provided prima facie proof of the debt owed. The respondents failed to challenge the evidence or the certificate of balance effectively. The appeal was upheld, and the order of the court a quo was set aside and substituted with an order for payment by the second respondent.

Court Disposition

Appeal upheld. The order of the magistrate's court is set aside and replaced with an order for payment by the second respondent.

Orders

  • The appeal is upheld.
  • The order of the court a quo is set aside and substituted with: 'The second respondent to pay the appellant an amount of R304 900.00, with interest at the rate of 2% per annum a tempore morae from the date of service of the summons to date of final payment.'