South Africa Case Law

Tusk Construction Support Services (Pty) Ltd and Another v Independent Development Trust (364/2019)

Tusk Construction Support Services (Pty) Ltd and Another v Independent Development Trust (364/2019) [2020] ZASCA 22 (25 March 2020)

Court

Supreme Court of Appeal

Case number

364/2019

Judges

Petse, Zondi, Dlodlo, Mbatha, Gorven

The Supreme Court of Appeal held that the citation of a trust as a party to legal proceedings does not render the summons a nullity. The error is one of misdescription, not substance, and can be cured by amendment to substitute the trustees in their representative capacity. The claim remains unchanged, and no real prejudice is suffered by the respondent, especially as prescription was interrupted by the original summons. The opposition to the amendment was unreasonable, and the costs of the application for amendment should be borne by the respondent. The High Court's failure to provide reason…

Source excerpt

• Amendment Of Pleadings
• Misdescription Of Parties
• Trusts And Trustees
• Juristic Personality
• Costs Orders

Salligram and Others v Salligram and Others (AR 292/2018, 13560/2014)

Salligram and Others v Salligram and Others (AR 292/2018, 13560/2014) [2019] ZAKZPHC 63 (20 September 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 292/2018, 13560/2014

Judges

Vahed, Mnguni, Steyn

The High Court upheld an appeal against refusal to amend a pleading, finding the proposed change concerned the same debt and should be allowed.

• Amendment Of Pleadings
• Prescription Act
• Trusts And Trustees
• Oral Agreements
• Amendment-of-pleadings
• Prescription-act