Veco Ma-Batho Eppy Bodia v Dzongi Civil Construction and Others (1278/2013) [2017] ZAECMHC 27 (15 August 2017)

Veco Ma-Batho Eppy Bodia v Dzongi Civil Construction and Others (1278/2013) [2017] ZAECMHC 27 (15 August 2017)

The court found that the applicant's failure to serve statutory notice on the third respondent was due to a lack of knowledge regarding the third respondent's responsibility for the drains. The founding affidavit made it clear that the relief sought was directed at OR Tambo District Municipality, and the second respondent's opposition was without foundation. However, since there was no evidence that the application had been served on the third respondent, the court could not grant condonation at this stage. The matter was postponed to allow the applicant to amend the application and properly serve the third respondent, thereby ensuring compliance with section 3 of Act 40 of 2002 and...

Citation
[2017] ZAECMHC 27
Parties
Applicant: Veco Ma-Batho Eppy Bodia; Respondent: Dzongi Civil Construction; Respondent: KSD Local Municipality; Respondent: OR Tambo District Municipality
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
15 August 2017
Case Number
1278/2013
Procedural Posture
Civil Application / Application for Condonation and Joinder; Interlocutory Stage
Outcome
Application postponed sine die to allow amendment and proper service on the third respondent; no order as to costs.
Judges
RWN Brooks
Legal Topics
Joinder of Parties, Condonation, Institution of Legal Proceedings Against Organs of State Act, Service of Process
Civil Procedure Administrative Law Joinder of Parties Condonation Institution of Legal Proceedings Against Organs of State Act Service of Process

Case Brief

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Parties

Veco Ma-Batho Eppy Bodia

Applicant

Dzongi Civil Construction

Respondent

KSD Local Municipality

Respondent

OR Tambo District Municipality

Respondent

Procedural Posture

Civil Application / Application for Condonation and Joinder; Interlocutory Stage

Legal Issues

  1. 1 Whether the applicant's failure to serve statutory notice on the third respondent should be condoned.
  2. 2 Whether OR Tambo District Municipality should be joined as a third defendant in the main action.
  3. 3 Whether the opposition by the second respondent to the joinder and condonation application was justified.

Ratio Decidendi

The court found that the applicant's failure to serve statutory notice on the third respondent was due to a lack of knowledge regarding the third respondent's responsibility for the drains. The founding affidavit made it clear that the relief sought was directed at OR Tambo District Municipality, and the second respondent's opposition was without foundation. However, since there was no evidence that the application had been served on the third respondent, the court could not grant condonation at this stage. The matter was postponed to allow the applicant to amend the application and properly serve the third respondent, thereby ensuring compliance with section 3 of Act 40 of 2002 and...

Court Disposition

Application postponed sine die to allow amendment and proper service on the third respondent; no order as to costs.

Orders

  • The application is postponed sine die.
  • The applicant is granted leave to amend the application for both joinder and condonation in respect of the third respondent and to serve the amended application upon the third respondent in terms of the Uniform Rules of Court.