Macsteel Tube and Pipe, a division of Macsteel Service Centres SA (Pty) Ltd v Vowles Properties (Pty) Ltd (680/2020) [2021] ZASCA 178 (17 December 2021)

Flynote

Civil Procedure and Practice – an order amending the
quantification of the claim in a summons did not amount to a new cause of action 

and did not constitute a final determination on the issue of the court’s jurisdiction to
adjudicate the action – an order amending the description of a defendant in a
summons does not amount to a substitution of the defendant in circumstances
where the description of the defendant was the same as in the lease agreement
concluded by the parties – no prejudice was demonstrated by the appellant –
application to amend was correctly granted – appeal dismissed.


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