This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The Western Cape High Court considered an application for leave to amend a notice of motion in eviction proceedings involving an agreement of sale and a later agreement referred to as “CH3”. The court found the amendment to be bona fide and held that it raised a triable issue, then granted leave to amend. The court also dealt with objections about prejudice and costs.
This appears to concern amendment of motion proceedings where later agreements and related costs issues were in dispute.
Evidence from source
Summary: Application for leave to amend – First to Third Respondent’s contentions that relief sought is impermissibly wide – introduces a new unpleaded cause of action – objections unsustainable.
Supports: plain_summary sentence 1 and 2
I am of the view that the point in limine, namely that the amendment lacks the necessary averments, is unsustainable and dismissed. I am further of the view that it will be in the interest of justice that the amendment be granted
Supports: plain_summary sentence 2
The applicant instituted an application on 26 June 2026, seeking leave to amend prayer 1 of its notice of motion.
Supports: plain_summary sentence 1