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 High Court in the Western Cape dealt with an application for leave to amend particulars of claim in a defended action between Taraway Empire and Total South Africa. The court said the proposed amendment would withdraw an admission and would leave the pleading excipiable under Rule 18, so the application was dismissed with costs.
This may be relevant to litigation teams dealing with amendments to pleadings, withdrawal of admissions and Rule 18 compliance.
Evidence from source
the plaintiff wishes to introduce is a change of front: from a head lease/written lease agreed between the parties to an oral and tacit agreement
Supports: Summary claim that the proposed amendment would withdraw an admission
the application for leave to amend shall be dismissed.
Supports: Summary claim that the application was dismissed