Shoprite Checkers (Pty) Ltd v Trustees for The Time Being of The 3 Broten Trust (39386/2021) [2023] ZAGPJHC 130 (6 February 2023)

Shoprite Checkers (Pty) Ltd v Trustees for The Time Being of The 3 Broten Trust (39386/2021) [2023] ZAGPJHC 130 (6 February 2023)

The court found that the applicant's proposed amendments to the particulars of claim were permissible under Rule 28(1) of the Uniform Rules of Court. The objections raised by the respondent, including those regarding the citation of trustees and alleged vagueness or embarrassment, were found to be without merit. The trustees had already been cited by name, and no prejudice would result from the amendments. The court held that the amendments would facilitate the proper resolution of the dispute and that the respondent's objections did not demonstrate that the cause of action would become vague or embarrassing. Accordingly, the application for leave to amend was granted, and the respondent...

Citation
[2023] ZAGPJHC 130
Parties
Applicant: Shoprite Checkers (Pty) Ltd; Respondent: Trustees for The Time Being of The 3 Broten Trust
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 February 2023
Case Number
39386/2021
Procedural Posture
Amendment Application / Opposed Application for Amendment of Particulars of Claim Prior to Trial
Outcome
Application for leave to amend particulars of claim granted; respondent ordered to pay costs.
Judges
ML Senyatsi
Legal Topics
Amendment of Pleadings, Vague and Embarrassing Exception, Joinder of Parties, Trustee Citation
Civil Procedure Commercial and Corporate Amendment of Pleadings Vague and Embarrassing Exception Joinder of Parties Trustee Citation

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Parties

Shoprite Checkers (Pty) Ltd

Applicant

Trustees for The Time Being of The 3 Broten Trust

Respondent

Procedural Posture

Amendment Application / Opposed Application for Amendment of Particulars of Claim Prior to Trial

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend its particulars of claim as set out in the notice in terms of Rule 28(1).
  2. 2 Whether the proposed amendments render the particulars of claim vague and embarrassing or excepiable.
  3. 3 Whether the citation of trustees in their representative capacities requires a joinder application.

Ratio Decidendi

The court found that the applicant's proposed amendments to the particulars of claim were permissible under Rule 28(1) of the Uniform Rules of Court. The objections raised by the respondent, including those regarding the citation of trustees and alleged vagueness or embarrassment, were found to be without merit. The trustees had already been cited by name, and no prejudice would result from the amendments. The court held that the amendments would facilitate the proper resolution of the dispute and that the respondent's objections did not demonstrate that the cause of action would become vague or embarrassing. Accordingly, the application for leave to amend was granted, and the respondent...

Court Disposition

Application for leave to amend particulars of claim granted; respondent ordered to pay costs.

Orders

  • Leave to amend the applicant’s particulars of claim as set out in its Notice in terms of Rule 28(1) dated and signed 19 October 2021 (Annexure 'C' to the application) is hereby granted.
  • The respondent is ordered to pay costs on the party and party scale.