Van Dyk N.O. and Others v Minister of Public Works and Another (1967/20) [2022] ZANCHC 28 (20 May 2022)

Van Dyk N.O. and Others v Minister of Public Works and Another (1967/20) [2022] ZANCHC 28 (20 May 2022)

The court found that the objections raised by the second defendant were without merit. The amendments proposed to paragraphs 13 and 14 were purely formal, involving only the re-numbering of existing paragraphs without introducing substantive changes. The objection regarding excipiability was dismissed, as any alleged deficiency in the particulars of claim was not caused by the amendments but existed from inception. The challenge to the authority of the first plaintiff to act alone was not properly raised under rule 7(1), and the deletion of parties did not result in prejudice that could not be compensated by costs. The court exercised its discretion in favour of granting the amendments,...

Citation
[2022] ZANCHC 28
Parties
Plaintiff: Francois Johannes Van Dyk N.O.; Plaintiff: Madre Mostert N.O.; Plaintiff: Wilma Francis Mostert N.O.; Plaintiff: Francois Johannes Van Dyk; Defendant: Minister of Public Works; Defendant: The South African National Roads Agency
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
20 May 2022
Case Number
1967/20
Procedural Posture
Leave to Amend / Application for Leave to Amend Particulars of Claim Under Rule 28(4)
Outcome
Application for leave to amend granted; objections dismissed.
Judges
Ramaepadi
Legal Topics
Amendment of Pleadings, Joinder of Trustees, Authority to Act, Exception and Excipiability
Civil Procedure Amendment of Pleadings Joinder of Trustees Authority to Act Exception and Excipiability

Case Brief

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Parties

Francois Johannes Van Dyk N.O.

Plaintiff

Madre Mostert N.O.

Plaintiff

Wilma Francis Mostert N.O.

Plaintiff

Francois Johannes Van Dyk

Plaintiff

Minister of Public Works

Defendant

The South African National Roads Agency

Defendant

Procedural Posture

Leave to Amend / Application for Leave to Amend Particulars of Claim Under Rule 28(4)

Legal Issues

  1. 1 Whether the proposed amendments to the particulars of claim should be allowed under rule 28(4).
  2. 2 Whether the deletion of certain plaintiffs as parties is permissible without proof of authority.
  3. 3 Whether the amendments render the particulars of claim excipiable for lack of averments necessary to sustain a cause of action against the second defendant.

Ratio Decidendi

The court found that the objections raised by the second defendant were without merit. The amendments proposed to paragraphs 13 and 14 were purely formal, involving only the re-numbering of existing paragraphs without introducing substantive changes. The objection regarding excipiability was dismissed, as any alleged deficiency in the particulars of claim was not caused by the amendments but existed from inception. The challenge to the authority of the first plaintiff to act alone was not properly raised under rule 7(1), and the deletion of parties did not result in prejudice that could not be compensated by costs. The court exercised its discretion in favour of granting the amendments,...

Court Disposition

Application for leave to amend granted; objections dismissed.

Orders

  • The second defendant's objections to the plaintiffs' notice of intended amendment in terms of rule 28, dated 25 February 2021, are dismissed.
  • The plaintiffs' application for leave to amend is granted.