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South Africa decisions
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Man Energy Solutions Middle East LCC v MV "GCL Yamuna" and Another (A62/2023) [2024] ZAKZDHC 99 (5 December 2024)
The High Court allowed an admiralty amendment correcting the applicant’s name by adding “FZE”, finding it was a bona fide misnomer and caused no proven prejudice.
Mutshinya Business Enterprises CC v Tsebo Holdings (Pty) Ltd (13078/2021) [2023] ZAGPJHC 1022 (6 September 2023)
The High Court allowed an amendment correcting the defendant’s name from Tsebo Holdings to Tsebo Solutions Group, finding it was a misnomer with no prejudice.
Ngqeleni v Outsurance (Pty) Ltd (933/2022) [2023] ZAECELLC 9 (4 May 2023)
The High Court held that the defendant was misdescribed in the pleadings and granted leave to amend, with attorney-and-client costs against the defendant.
Mamokhuthu Group Development CC v Cas Dry Attorneys and Others (919/2020) [2021] ZAMPMHC 40 (5 March 2021)
The High Court granted leave to amend particulars of claim, holding the citation change was not a substitution of parties and did not make the pleading excipiable.
F1 Steel CC v Tbhokisi Lelsimibi Steel Boxes and Tanks (Pty) Ltd (2017/40082) [2018] ZAGPJHC 37 (7 March 2018)
The court granted summary judgment for unpaid services and goods, rejecting the defendant’s vague defence and treating the incorrect company citation as a misnomer.
Masilonyana Local Municipality and Another v Bezuidenhout and Others (2770/2017) [2017] ZAFSHC 167 (21 September 2017)
The High Court dismissed a municipality’s bid to rescind a consent order, finding no common mistake and treating the naming error as a misnomer.
Wiesenhof Management Services (Pty) Ltd v Wiesenhof Ellisras and Others (19068/2012) [2015] ZAGPPHC 719 (8 October 2015)
The High Court allowed an amendment correcting the First Respondent’s citation, holding it was a misdescription of the intended defendant, not a new party.
Wamkulus Construction and Maintenance CC v Sebokuboku Construction and Water Supply (A143/2015) [2015] ZAGPPHC 278 (8 May 2015)
The High Court held that a default judgment was void ab initio because it was granted against the wrong party and rescinded the judgment.
Maribo Media (Pty) Ltd t/a Maribo Outdoor Media v Body Corporate of the Chartwell Centre Scheme (1456/2012) [2012] ZAKZDHC 7 (23 February 2012)
The court granted urgent interim interdictory relief after finding the applicant had a prima facie right, urgency, and no adequate alternative remedy.
Charter Hi (Pty) Limited and Others v Minister of Transport (35719/99) [2007] ZAGPHC 208 (14 September 2007)
The High Court allowed an amendment correcting a partnership’s name in a damages claim, holding it was a misdescription, not a new plaintiff, so prescription was interrupted.
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