resile from a court order With the advent of judicial case management A – – civil litigation the common law position that a party may amend at any stage – of proceedings as long as prejudice does not operate to the prejudice of the opponent remains, save that, like every other procedural right, it is also subject to the objectives of the new judicial case management regime applicable in the High Court This places – obligations on legal practitioners to through early and thorough preparation identify real issues in dispute for the speedy and expeditious finalization of the matter New – approach to be adopted is that in the exercise of its discretion, court must observe to state their case at any stage and to amend pleadings, even withdraw parties’ rights admissions in a pre-trial order Such variation of pleadings subject to the presumption – that pleadings drawn on instructions of the client - If amendment based on a mistake, such mistake must be bona fide Court cannot hold parties to a version which no – longer represents its stance Ultimate aim is to allow parties to ventilate the real issues – between them and the interest of the administration of justice. ORDER The proposed amendment of the plea to the claim in reconvention and revision of the pre-trial order of 25 June 2013 and the associated application for condonation for the late filling, are deferred to be decided at the trial together with the merits if still persisted with; The costs of the opposed application to amend stands over for determination together with the merits; The applicant is ordered to pay the costs occasioned by the respondent’s opposition to the abandoned joinder application and the application to add further causes of action; The trial of the matter shall proceed on the pleadings as they stood on 16 September 2014; and The matter is enrolled for status hearing on 21 October 2014 at 14h15 for allocation of new trial dates and for further directions.
resile from a court order – With the advent of judicial case management – A civil litigation – the common law position that a party may amend at any stage of proceedings as long as prejudice does not operate to the prejudice of the opponent remains, save that, like every other procedural right, it is also subject to the objectives of the new judicial case management regime applicable in the High Court – This places obligations on legal practitioners to through early and thorough preparation identify real issues in dispute for the speedy and expeditious finalization of the matter – New approach to be adopted is that in the exercise of its discretion, court must observe parties’ rights to state their case at any stage and to amend pleadings, even withdraw admissions in a pre-trial order – Such variation of pleadings subject to the presumption that pleadings drawn on instructions of the client - If amendment based on a mistake, such mistake must be bona fide – Court cannot hold parties to a version which no longer represents its stance – Ultimate aim is to allow parties to ventilate the real issues between them and the interest of the administration of justice. ORDER The proposed amendment of the plea to the claim in reconvention and revision of the pre-trial order of 25 June 2013 and the associated application for condonation for the late filling, are deferred to be decided at the trial together with the merits if still persisted with; The costs of the opposed application to amend stands over for determination together with the merits; The applicant is ordered to pay the respondent’s costs occasioned by the opposition to the abandoned joinder application and the application to add further causes of action; The trial of the matter shall proceed on the pleadings as they stood on 16 September 2014; and The matter is enrolled for status hearing on 21 October 2014 at 14h15 for allocation of new trial dates and for further directions.
IA%20Bell%20Equipment%20Comp(Namibia)(Pty)Ltd%20v%20Roadstone%20Quarries%20CC%20(I%20601-2013%20I%204084-2010)%5B2014%5DNAHCMD306(17%20October%202014).docx