Fourie and Another v Matjhabeng Local Municipality (5316/2019)
Fourie and Another v Matjhabeng Local Municipality (5316/2019) [2024] ZAFSHC 206 (28 June 2024)
The court found that the plaintiffs were unable to proceed with the trial due to the late discovery of a crucial incident report and the late proposed amendment of the defendant's plea. The defendant failed to comply with the Rules of Court regarding discovery and did not provide a satisfactory explanation for the delay. The plaintiffs' application for postponement was not a delaying tactic but was necessitated by circumstances beyond their control. The court held that justice required the plaintiffs and their expert to be afforded an opportunity to properly prepare for trial. The defendant's…
Source excerpt
- Postponement Of Trial
- Late Discovery
- Amendment Of Pleadings
- Costs Order