Wessels v Coetzee (4896/08) [2013] ZAGPPHC 82 (15 March 2013)

Wessels v Coetzee (4896/08) [2013] ZAGPPHC 82 (15 March 2013)

The court found that the applicant only became aware of the true identity of the third and fourth respondents as debtors when the amended plea was served on 10 June 2009. Prescription began to run from that date, and the joinder application was launched on 19 January 2011, well within the three-year prescription period. The court held that the service of the joinder application constituted a process as envisaged by section 15(6) of the Prescription Act, thereby interrupting prescription. The court rejected the restrictive interpretation advanced by the respondents and agreed with the purposive approach adopted in Beil Estates and Waverley Blankets, finding that a joinder application is...

Citation
[2013] ZAGPPHC 82
Parties
Applicant: Wessels Frederick Jacobus; Respondent: Coetzee Marius; Respondent: Wardens Cartage CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 March 2013
Case Number
4896/08
Procedural Posture
Joinder Application / Application for Joinder of Third and Fourth Respondents; Determination of Prescription and Interruption Thereof
Outcome
Joinder of third and fourth respondents granted; costs awarded against respondents who opposed the application.
Judges
Victor
Legal Topics
Joinder of Parties, Prescription Act, Interruption of Prescription, Apportionment of Damages
Civil Procedure Delict Joinder of Parties Prescription Act Interruption of Prescription Apportionment of Damages

Case Brief

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Parties

Wessels Frederick Jacobus

Applicant

Coetzee Marius

Respondent

Wardens Cartage CC

Respondent

Procedural Posture

Joinder Application / Application for Joinder of Third and Fourth Respondents; Determination of Prescription and Interruption Thereof

Legal Issues

  1. 1 Whether prescription runs anew when a plea is amended to withdraw an admission regarding the correct party before court.
  2. 2 Whether a joinder application constitutes a process interrupting prescription under section 15 of the Prescription Act.
  3. 3 Whether the applicant had knowledge of the identity of the correct debtors for purposes of section 12(3) of the Prescription Act.

Ratio Decidendi

The court found that the applicant only became aware of the true identity of the third and fourth respondents as debtors when the amended plea was served on 10 June 2009. Prescription began to run from that date, and the joinder application was launched on 19 January 2011, well within the three-year prescription period. The court held that the service of the joinder application constituted a process as envisaged by section 15(6) of the Prescription Act, thereby interrupting prescription. The court rejected the restrictive interpretation advanced by the respondents and agreed with the purposive approach adopted in Beil Estates and Waverley Blankets, finding that a joinder application is...

Court Disposition

Joinder of third and fourth respondents granted; costs awarded against respondents who opposed the application.

Orders

  • An order of joinder is granted in terms of Prayers 1, 2, 3, 4 of the notice of motion dated 18 January 2011.
  • The respondents who have opposed this application shall bear the costs jointly and severally, the one paying the other to be absolved.