PKX Capital (Pty) Ltd v Isago at N12 Development (Pty) Ltd (87615/2019)
PKX Capital (Pty) Ltd v Isago at N12 Development (Pty) Ltd (87615/2019) [2022] ZAGPPHC 175 (24 March 2022)
The court found that the amendment sought by the plaintiff was derived from the same agreement underlying the original claim and did not mislead the defendant. References to the relevant clauses were made in the evidence, and the amendment would allow proper ventilation of the dispute. The court held that the amendment raised a triable issue deserving of consideration and was supported by prima facie evidence. Any prejudice to the defendant could be cured by a costs order and the opportunity to recall witnesses. The timing of the amendment, though late, was not decisive, and delay alone does…
Source excerpt
- Amendment Of Pleadings
- Leave To Amend
- Contractual Liability
- Transactional Advisor Fee