South Africa Case Law

Consolidated Transport Rigging and Logistics (Pty) Ltd v Concord Cranes (Pty) Ltd (34646/20)

Consolidated Transport Rigging and Logistics (Pty) Ltd v Concord Cranes (Pty) Ltd (34646/20) [2023] ZAGPPHC 1984 (12 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

34646/20

Judge

Ntlama-Makhanya

The High Court allowed an amendment correcting the plaintiff’s misdescription from a company to a close corporation, finding no new party or cause of action.

• Amendment Of Pleadings
• Misdescription Of Party
• Prescription Act
• Uniform Rules Of Court Rule 28
• Amendment-of-pleadings
• Misdescription-of-party

Government Employees Medical Scheme v Liliba Pharmacy (25410/2021)

Government Employees Medical Scheme v Liliba Pharmacy (25410/2021) [2023] ZAGPJHC 1269 (23 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

25410/2021

Judge

G.Y. Benson

The court found that the defendant, Crossy Suppliers (Pty) Ltd, had traded under the name 'Liliba Pharmacy' and had actively participated in the proceedings. The misdescription of the defendant did not render the summons a nullity, as the correct party was before the court and had defended the action. The amendment sought was bona fide and would not prejudice the defendant. Rule 28 provides a mechanism for amending pleadings where necessary, and the objections raised by the defendant were without merit. The court granted leave to amend the particulars of claim to reflect the correct identity…

Source excerpt

• Amendment Of Pleadings
• Misdescription Of Party
• Rule 28 Uniform Rules
• Legal Persona
• Unjust Enrichment

Ferreira v Senekal and Others (223/2020)

Ferreira v Senekal and Others (223/2020) [2023] ZAFSHC 55 (17 February 2023)

Court

Free State High Court, Bloemfontein

Case number

223/2020

Judge

Naidoo

The court allowed the plaintiff to amend summons to correct the second defendant’s identity and ordered costs against the wrongly cited company.

• Amendment Of Summons
• Misdescription Of Party
• Professional Misconduct
• Costs Award
• Amendment-of-summons
• Misdescription-of-party

Techmach Technology (Pty) Ltd v Grikwaland-Wes Korporatief Ltd (2950/2018)

Techmach Technology (Pty) Ltd v Grikwaland-Wes Korporatief Ltd (2950/2018) [2020] ZANCHC 55 (31 July 2020)

Court

Northern Cape High Court, Kimberley

Case number

2950/2018

Judge

Phatshoane

The High Court allowed an amendment changing the defendant’s citation, finding a misdescription rather than an impermissible substitution, and held prescription was interrupted.

• Amendment Of Pleadings
• Misdescription Of Party
• Prescription Interruption
• Contractual Debt
• Amendment-of-pleadings
• Misdescription-of-party

HUV Cape Spice v Hotspice Sauce CC (22227/2010)

HUV Cape Spice v Hotspice Sauce CC (22227/2010) [2011] ZAWCHC 218 (10 May 2011)

Court

Western Cape High Court, Cape Town

Case number

22227/2010

Judge

Louw

The court granted provisional liquidation, holding that HUV Cape Spice had locus standi as the true judgment creditor and that the respondent could not pay its debts.

• Provisional Liquidation
• Locus Standi
• Misdescription Of Party
• Close Corporations Act
• Judgment Creditor
• Debt Inability

Tieties v ABSA Insurance Company (Pty) Ltd and Another (3343/04)

Tieties v ABSA Insurance Company (Pty) Ltd and Another (3343/04) [2009] ZAECPEHC 34 (21 July 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3343/04

Judge

Dambuza

The court found that the applicant made a bona fide error in citing the wrong defendant, and that the insurance agreement and annexures to the summons made it clear that ABSA Life Limited was the intended defendant. The summons was served at the address occupied by the second respondent, and both respondents share the same legal department, which would have been aware of the true identity of the intended defendant. The court distinguished this case from Associated Paint and Chemical Industries (Pty) Ltd t/a Albestra Paint and Lacquers v Smit, noting that a creditor-debtor relationship existed…

Source excerpt

• Amendment Of Pleadings
• Misdescription Of Party
• Prescription Interruption
• Substitution Of Party

Tugendhaft v Fratellis Bright Water Commons CC and Another (29383/2007)

Tugendhaft v Fratellis Bright Water Commons CC and Another (29383/2007) [2008] ZAGPHC 180 (20 June 2008)

Court

High Courts - Gauteng

Case number

29383/2007

Judge

FHD Van Oosten

The High Court referred a contract-rectification dispute to trial against the first respondent, while granting judgment against the second respondent for the loan amount, interest, and costs.

• Rectification Of Contract
• Loan Agreement
• Misdescription Of Party
• Summary Judgment
• Costs Order
• Rectification-of-contract