Samuel v Gosai and Another (10732/2013)
Samuel v Gosai and Another (10732/2013) [2015] ZAKZDHC 2 (22 January 2015)
The court found that the first defendant failed to demonstrate that the plaintiff's bank statements were reasonably required or essential for the purposes of pleading. The first defendant could raise any defence, including locus standi, without access to the bank statements, and the onus to prove the claim remains on the plaintiff. The application was deemed a fishing expedition, contrary to the limited purpose of Rule 35(14), which is not intended to allow parties to snoop into private documents or construct possible defences they are presently unable to do. The court exercised its discretio…
Source excerpt
- Discovery Before Pleading
- Rule 35 14
- Locus Standi
- Fishing Expedition
- Exceptional Circumstances