Wigget v Wannenburgs (62509/2020) [2022] ZAGPPHC 386 (6 June 2022)

Wigget v Wannenburgs (62509/2020) [2022] ZAGPPHC 386 (6 June 2022)

The court found that the applicant provided a full and sufficient explanation for the delay in filing the counterclaim, attributing it to a bona fide administrative error in his attorneys' office. The applicant demonstrated entitlement to institute the counterclaim, and the explanation for the delay was reasonable and acceptable. The respondent's special plea of lis pendens was dismissed, as the Rule 24(1) application was intended to cure the irregularity and allow the action to proceed. The court held that the excipiability of the counterclaim should be determined by the trial court, not at this stage. No costs order was made, as the circumstances did not warrant it. The applicant's...

Citation
[2022] ZAGPPHC 386
Parties
Applicant: William Edward James Wigget; Respondent: Hendrik Johan Malan Wannenburgs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 June 2022
Case Number
62509/2020
Procedural Posture
Urgent Application / Application for Leave to File Counterclaim After Plea Under Rule 24(1)
Outcome
Application granted. The applicant is permitted to file the counterclaim under Rule 24(1).
Judges
S.S. Madiba
Legal Topics
Counterclaim Procedure, Condonation, Rule 24 1, Lis Pendens, Costs Award
Civil Procedure Counterclaim Procedure Condonation Rule 24 1 Lis Pendens Costs Award

Case Brief

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Parties

William Edward James Wigget

Applicant

Hendrik Johan Malan Wannenburgs

Respondent

Procedural Posture

Urgent Application / Application for Leave to File Counterclaim After Plea Under Rule 24(1)

Legal Issues

  1. 1 Whether the applicant provided a reasonable and acceptable explanation for the delay in delivering the counterclaim.
  2. 2 Whether the applicant is entitled to institute the counterclaim after the plea was delivered.
  3. 3 Whether the proposed counterclaim is excipiable for failing to disclose a cause of action.

Ratio Decidendi

The court found that the applicant provided a full and sufficient explanation for the delay in filing the counterclaim, attributing it to a bona fide administrative error in his attorneys' office. The applicant demonstrated entitlement to institute the counterclaim, and the explanation for the delay was reasonable and acceptable. The respondent's special plea of lis pendens was dismissed, as the Rule 24(1) application was intended to cure the irregularity and allow the action to proceed. The court held that the excipiability of the counterclaim should be determined by the trial court, not at this stage. No costs order was made, as the circumstances did not warrant it. The applicant's...

Court Disposition

Application granted. The applicant is permitted to file the counterclaim under Rule 24(1).

Orders

  • The applicant's counterclaim is allowed in terms of Rule 24(1) of the Rules of court.
  • The respondent must deliver its plea within twenty days after the granting of this order.