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)
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