Steenkamp v Natcorp Specialised Logistics and Others (36958/12) [2015] ZAGPPHC 923 (17 July 2015)

Steenkamp v Natcorp Specialised Logistics and Others (36958/12) [2015] ZAGPPHC 923 (17 July 2015)

The court held that the plaintiff could not join the third respondent as co-plaintiff after close of pleadings unless the third respondent was a necessary party with a direct and substantial interest in the subject matter of the litigation. The third respondent did not apply for intervention itself, and the plaintiff was not entitled to force another party to assume the role of dominus litis, with its attendant risks and obligations. The application for joinder was therefore dismissed.

Citation
[2015] ZAGPPHC 923
Parties
Applicant: André Steenkamp; Respondent: Natcorp Specialised Logistics Solutions (Pty) Ltd tla Natcorp; Respondent: Midbank Retail City (Pty) Ltd; Respondent: Al Equipment CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 July 2015
Case Number
36958/12
Procedural Posture
Civil Application / Application for Joinder After Close of Pleadings
Outcome
Application dismissed with costs.
Judges
C.P. Rabie
Legal Topics
Joinder of Parties, Close of Pleadings, Intervention of Parties
Civil Procedure Joinder of Parties Close of Pleadings Intervention of Parties

Case Brief

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Parties

André Steenkamp

Applicant

Natcorp Specialised Logistics Solutions (Pty) Ltd tla Natcorp

Respondent

Midbank Retail City (Pty) Ltd

Respondent

Al Equipment CC

Respondent

Procedural Posture

Civil Application / Application for Joinder After Close of Pleadings

Legal Issues

  1. 1 Whether the plaintiff may join the third respondent as co-plaintiff after close of pleadings.
  2. 2 Whether the third respondent has a direct and substantial interest in the subject matter of the action.
  3. 3 Whether the plaintiff is entitled to force the third respondent to assume the role of co-plaintiff.

Ratio Decidendi

The court held that the plaintiff could not join the third respondent as co-plaintiff after close of pleadings unless the third respondent was a necessary party with a direct and substantial interest in the subject matter of the litigation. The third respondent did not apply for intervention itself, and the plaintiff was not entitled to force another party to assume the role of dominus litis, with its attendant risks and obligations. The application for joinder was therefore dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.