Dreyer v Metsimaholo Local Municipality (5899/2017)
Dreyer v Metsimaholo Local Municipality (5899/2017) [2021] ZAFSHC 186 (23 August 2021)
The court found that the amendments sought by the applicant do not introduce a new cause of action but rather clarify and elaborate on the factual and legal basis of the claim, particularly in light of the municipality's late disclosure of material facts regarding the involvement of a third-party contractor. The municipality's statutory duties and continued responsibility for road safety remain central to the cause of action. The applicant acted bona fide, as the relevant facts were not reasonably ascertainable earlier and were within the exclusive knowledge of the municipality. The responden…
Source excerpt
- Amendment Of Pleadings
- Municipal Liability
- Duty Of Care
- Non Joinder
- Prescription
- Road Hazard Liability