Smith v Schoeman and Another (1802/2017) [2017] ZAFSHC 136 (25 August 2017)

Smith v Schoeman and Another (1802/2017) [2017] ZAFSHC 136 (25 August 2017)

The court held that the test for joinder is whether the claim against the party sought to be joined depends on the determination of substantially the same questions of law or fact. The facts and legal questions in the main action and those involving the Road Accident Fund are sufficiently intertwined to justify joinder. The special defences raised by the second respondent are not relevant to the joinder application and may be raised in the main proceedings. The court exercised its discretion to grant the joinder, noting that preventing a multiplicity of actions is a key consideration and that joinder should not be refused except in the clearest cases where the claim is totally unfounded.

Citation
[2017] ZAFSHC 136
Parties
Applicant: Matthys Abraham Smith; Respondent: Herman Hector Schoeman; Respondent: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 August 2017
Case Number
1802/2017
Procedural Posture
Joinder Application / Order on Joinder Application
Outcome
Joinder of the Road Accident Fund as second defendant granted with costs, including all reserved costs.
Judges
Mhlambi
Legal Topics
Joinder of Parties, Duty of Care, Breach of Mandate, Negligence, Multiplicity of Actions
Civil Procedure Delict Joinder of Parties Duty of Care Breach of Mandate Negligence Multiplicity of Actions

Case Brief

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Parties

Matthys Abraham Smith

Applicant

Herman Hector Schoeman

Respondent

Road Accident Fund

Respondent

Procedural Posture

Joinder Application / Order on Joinder Application

Legal Issues

  1. 1 Whether the Road Accident Fund should be joined as a second defendant in the main action.
  2. 2 Whether the claim against the party sought to be joined depends on substantially the same questions of law or fact.
  3. 3 Whether any special defences raised by the second respondent are relevant to the joinder application.

Ratio Decidendi

The court held that the test for joinder is whether the claim against the party sought to be joined depends on the determination of substantially the same questions of law or fact. The facts and legal questions in the main action and those involving the Road Accident Fund are sufficiently intertwined to justify joinder. The special defences raised by the second respondent are not relevant to the joinder application and may be raised in the main proceedings. The court exercised its discretion to grant the joinder, noting that preventing a multiplicity of actions is a key consideration and that joinder should not be refused except in the clearest cases where the claim is totally unfounded.

Court Disposition

Joinder of the Road Accident Fund as second defendant granted with costs, including all reserved costs.

Orders

  • Prayers 1, 2, 3, 4 and 5 of the notice of motion are granted with costs, including all reserved costs.