Johannesburg Municipality v Kerr [1915] ZATPD 109 (18 March 1915)

Reported
Flynote

Prractice.-Declarration.-Exception.-Amendment.-Time for Rule 36.-Expiry.-Fresh leave.-Sufficient cause.

Case summary

The time within which under rule 36 a declaration, successfully excepted to, must be amended, cannot be extended after the time for amendment has
expired. Pfitzer v. Klette (6 E.D.C. 196) distinguished. But after such expiry the Court has a discretion to grant fresh leave to amend for reasonable cause. Cause sufficient for a removal of bar under rule 33 will' suffice for the grant of
fresh leave to amend.


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