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Civil Procedure [2020] ZAGPJHC 211

Bray v Boshoff NO and Others, In Re: Boshoff NO and Others v Bray (2017/1627)

Bray v Boshoff NO and Others, In Re: Boshoff NO and Others v Bray (2017/1627) [2020] ZAGPJHC 211 (28 August 2020)

The court held that amendments to pleadings should generally be allowed unless they cause irremediable prejudice to the opposing party. The applicant's lack of locus standi at the time of litis contestatio could be cured by the subsequent re-cession of rights from Absa Bank, in line with the precedent set in Marigold Ice Cream Co (Pty) Ltd v National Co-operative Dairies Ltd. The court rejected the requirement for exceptional circumstances as set out in Philotex, favouring a flexible approach that prioritizes the existence of triable issues and the absence of mala fide conduct. However, the c…

  • Amendment Of Pleadings
  • Locus Standi
  • Cession And Recession
  • Prescription Of Claims
  • Holding Over Damages
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