Vhazwimi Properties (Pty) Limited v Bise Engineering Projects CC (11/22832) [2020] ZAGPJHC 9 (17 January 2020)

Vhazwimi Properties (Pty) Limited v Bise Engineering Projects CC (11/22832) [2020] ZAGPJHC 9 (17 January 2020)

The court found that the applicant had correctly identified that the operative application for leave to amend was the one dated 22 October 2018, and not the earlier application. The intended amendment did not allege a partnership but referred to the joint venture, and the court's previous reliance on the wrong application led to a mischaracterisation of the amendment. Having considered the submissions and the relevant legal principles, the court concluded that there are reasonable prospects of success on appeal and that the amendment of the plea may be granted. Accordingly, leave to appeal to the full court was granted.

Citation
[2020] ZAGPJHC 9
Parties
Applicant: Vhazwimi Properties (Pty) Limited; Respondent: Bise Engineering Projects CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 January 2020
Case Number
11/22832
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Amendment to Plea
Outcome
Leave to appeal to the full court is granted with costs in the appeal.
Judges
E Molahlehi
Legal Topics
Amendment of Pleadings, Leave to Appeal, Prospects of Success
Civil Procedure Amendment of Pleadings Leave to Appeal Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Vhazwimi Properties (Pty) Limited

Applicant

Bise Engineering Projects CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Amendment to Plea

Legal Issues

  1. 1 Whether the court erred in quoting from the incorrect application for leave to amend the plea.
  2. 2 Whether the intended amendment to the plea refers to a partnership or merely a joint venture.
  3. 3 Whether there are reasonable prospects of success on appeal against the dismissal of the amendment application.

Ratio Decidendi

The court found that the applicant had correctly identified that the operative application for leave to amend was the one dated 22 October 2018, and not the earlier application. The intended amendment did not allege a partnership but referred to the joint venture, and the court's previous reliance on the wrong application led to a mischaracterisation of the amendment. Having considered the submissions and the relevant legal principles, the court concluded that there are reasonable prospects of success on appeal and that the amendment of the plea may be granted. Accordingly, leave to appeal to the full court was granted.

Court Disposition

Leave to appeal to the full court is granted with costs in the appeal.

Orders

  • The application for leave to appeal to the full court is granted.
  • Costs of the appeal are awarded to the applicant.