Ilima Projects (Pty) Ltd (in liquidation) v MEC: Public Transport, Roads and Works and Another (25981/11) [2019] ZAGPJHC 71 (12 March 2019)

Pleadings - proposed amendment of replication to rely on res judicata or issue estoppel - objection to on basis that previous litigation not between same parties; Respondent/defendant in previous action by present applicant's/plaintiff's funder, held by Supreme Court of Appeal to have unlawfully repudiated contract between present applicant/plaintiff, and respondent/defendant accepting that finding in subsequent appeal to Constitutional Court, although present applicant/plaintiff not party to previous litigation; Present applicant/plaintiff suing on basis of breach of unlawfully repudiated contract; Question raised whether exception to replication sustainable procedure;

Held: No procedural objection in principle to exception to replication;
Held: Concept of "same parties" not limited to identical parties or even privies - Supreme Court of
Appeal having left scope open for relaxation of requirement if in the interests of justice;
Held : Opposition to amendment rejected and amendment allowed.