The Western Cape High Court dealt with an opposed application by Electric Safari Vehicles (Pty) Ltd to amend its pleadings in a contractual dispute with Homestead Hospitality Holdings SA (Pty) Ltd. The court said the proposed amendments involved a material change in stance and were not supported by affidavits or legible annexures. The application for amendment was refused and costs were ordered against the plaintiff.
This may be relevant to litigation and commercial contract matters involving amendments to pleadings and supporting affidavits.
Evidence from source
The plaintiff seeks leave to amend its particulars of claim and plea in reconvention.
Supports: Plain summary sentence 1: the court dealt with an application to amend pleadings in a contractual dispute.
This case concerns commercial contractual issues, including the plaintiff’s rejection of the defendant’s alleged repudiation of a contract and the plaintiff's demand for specific performance.
Supports: Plain summary sentence 1: the matter concerned a commercial contractual dispute.
The plaintiff's application for amendment is refused.
Supports: Plain summary sentence 3: the amendment application was refused.