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AI summary
The Western Cape High Court considered an application for leave to amend pleadings in a divorce matter. It allowed the amendment in part, but ordered several allegations to be excised, including some found to be repetitive, evidential, scandalous or vexatious. The court also ordered the applicant to pay the respondent’s costs of opposing the amendment.
This may be relevant to family law and civil procedure practitioners dealing with amendments, Rule 28 objections, and pleading content in divorce matters.
Evidence from source
leave within 10 court days to effect the proposed amendments to her pleadings by delivering amended pages in terms of Rule 28(7)
Supports: Order and amendment timeframe
leave to amend granted, save in respect of repetitious or unduly detailed allegations
Supports: Summary of the court's decision on the amendment
The applicant shall pay the respondent’s costs incurred in opposing the amendment, including the costs of one counsel on scale B.
Supports: Costs order