Makoba v Van Tonder (408/2001)
Makoba v Van Tonder (408/2001) [2001] ZAECHC 1 (1 January 2001)
The court held that the joinder of Mrs. Makoba as second defendant and the amendment to the particulars of claim merely corrected a misdescription of the executor of the deceased estate and did not constitute the substitution of a new defendant. The action was always intended against the representative of the estate, and no prejudice was occasioned to the appellant by the correction. Furthermore, the court found that the plaintiff, armed with the formal communication from Legatus Trust, acted reasonably and was not required to make further inquiries into the identity of the executor. The appe…
Source excerpt
- Prescription Act
- Misdescription Of Parties
- Joinder Of Parties
- Reasonable Care In Ascertainment
- Special Plea Of Prescription