Wessie v Sandlana (2023/018092) [2024] ZAGPJHC 776 (15 August 2024)

Wessie v Sandlana (2023/018092) [2024] ZAGPJHC 776 (15 August 2024)

The court found that the defendant had established bona fide grounds for seeking amendment, as the original plea was deficient and the amendments would assist both the court and the plaintiff in preparing for trial. The prejudice to the plaintiff from further delay could be compensated by a costs order. However, the...

Source-derived case information.

Citation
[2024] ZAGPJHC 776
Parties
Applicant: Abiel Johannes Wessie; Respondent: Bhekumzi Mike Gilbert Sandlana
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 August 2024
Case Number
2023/018092
Procedural Posture
Leave to Amend / Application for Leave to Amend Plea Prior to Trial
Outcome
Application for leave to amend granted except for the special plea; costs awarded as specified.
Judges
C Todd
Legal Topics
Amendment of Pleadings, Excipient Objection, Abuse of Process, Costs Award
Civil Procedure Amendment of Pleadings Excipient Objection Abuse of Process Costs Award

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Abiel Johannes Wessie

Applicant

Bhekumzi Mike Gilbert Sandlana

Respondent

Procedural Posture

Leave to Amend / Application for Leave to Amend Plea Prior to Trial

Legal Issues

  1. 1 Whether the defendant should be granted leave to amend his plea prior to trial.
  2. 2 Whether the proposed amendments are excipiable, mala fide, or would cause prejudice to the plaintiff.
  3. 3 Whether the special plea alleging abuse of process should be allowed.

Ratio Decidendi

The court found that the defendant had established bona fide grounds for seeking amendment, as the original plea was deficient and the amendments would assist both the court and the plaintiff in preparing for trial. The prejudice to the plaintiff from further delay could be compensated by a costs order. However, the proposed special plea alleging abuse of process was excipiable for lacking essential averments and being vague and embarrassing, and was therefore not allowed. Other objections to amendments were found to concern the merits rather than excipiability, and those amendments were permitted. Costs for the postponement were awarded against the defendant, while each party was ordered...

Court Disposition

Application for leave to amend granted except for the special plea; costs awarded as specified.

Orders

  • The application for leave to amend is granted save in respect of the special plea: abuse of process set out in paragraphs 1 to 12 in the notice of intention to amend.
  • The defendant is to pay the costs occasioned by the further postponement of the matter on 18 June 2024, including the costs of the appearance on 18 June 2024.