Where additional facts need to be placed before the court to show that there has been a misjoinder or non-joinder, a special plea is generally used. [6] The dilemma in the choice of either Rule 23-exception or Rule 10(3)-misjoinder lies in, amongst others, the tests to be applied in adjudication. It is dissimilar.
Definition: Non-joinder or misjoinder is a dilatory plea that delays the proceedings. It is raised when evidence is required that another person should have been joined as plaintiff or defendant, or some party who has been joined ought not have been. ... Examples of Special Plea in South Africa. There have been several notable cases in South ...
Shoprite Checkers filed a special plea of prescription to the curator’s October 2018 summons, asserting that the claim had prescribed. ... failed to exercise due and proper care, for he had known since 28 July 2017, when the special plea of misjoinder in the initial proceedings was delivered, of the identity of the true debtor, ie Shoprite ...
AD SPECIAL PLEA: PLEA IN ABATEMENT KINDLY TAKE NOTICE that Defendant pleads that the debt for which summons was sued out is prescribed in terms of section 11(d) of the Prescription Act 68 of 1969 and further that the Defendant has claimed extinctive prescription from the Plaintiff ...
For example, if A sues B but neglects to include C, who has a vested interest in the contract in question, B may invoke non-joinder. ... In conclusion, the special pleas of misjoinder and non-joinder serve critical functions in litigation, ensuring the inclusion of relevant parties and exclusion of irrelevant ones. Courts are tasked with ...
Summary: Summons – multiple plaintiffs – special plea of misjoinder – test whether issues of fact and law substantially the same for each plaintiff – issues of fact and law substantially the same – convenience and absence of prejudice – permissible to join in single action – appeal upheld and special plea dismissed. ...
For example, if a section 129 notice in terms of the National Credit Act 34 of 2005 has not been sent to the debtor in the case of a credit agreement matter, the debtor/defendant can raise this plea. MISJOINDER/NON-JOINDER. A special plea of misjoinder may be raised where a party WHO SHOULD NOT HAVE BEEN JOINED to an action, has been joined.
Clearly state the misjoinder, i.e., the improper joining of parties or claims in the lawsuit. Legal Basis: Provide the legal basis for the misjoinder special plea, citing relevant rules or statutes. Argument: Present your argument as to why the misjoinder should be addressed, emphasizing any prejudice or unfairness that may result from the ...
[4] The first and second special pleas are intertwined and formulated as follows: FIRST SPECIAL PLEA 4.1. misjoinder: 4 1.1 The agreement was signed on behalf of the plaintiff by Mr.Molanenyane as Director of the (“SAMWU Institute “) 4.1.2 The SAMWU Union, is a trade union duly registered in terms of
The two special pleas [2] Aside from challenging the merits of each plaintiffs claim, the second and third defendants raise two legal points in the way of a special plea. One is the non-joinder of the Minister of Justice and Constitutional Development [1] and the other is the misjoinder of the third defendant, the control prosecutor. It is not ...
The respondent filed a special plea of misjoinder in terms of rule 33(4) of the Uniform Rules of Court. It alleged that the place where the accident occurred fell within the authority of Polokwane Local Municipality and thus it was the wrong party before the proceedings. Before the trial commenced, the parties agreed that the special plea ...
Special Plea General Examples of Special pleas: o Prescription o Arbitration/mediation o Jurisdiction o Misjoinder, non-joinder o Res judicata o lis pendens o Locus standi in iudicio The effect of a special plea may be: o To dispose of the claim (plea in abatement, declinatory plea; or o To delay the matter (dilatory plea) A special plea ...
finding that there was no merit in the applicants’ special plea of non-joinder insofar as Sky Grou nd is concerned. The second ground of appeal, appearing ... principles as set out on nonjoinder and misjoinder are set out there and it also goes further to say that if one can just briefly define non joinder. It is the failure of the plaintiff ...
For example, if a section 129 notice in terms of the National Credit Act 34 of 2005 has not been sent to the debtor in the case of a credit agreement matter, the debtor/defendant can raise this plea MISJOINDER/NON-JOINDER A special plea of misjoinder may be raised where a party WHO SHOULD NOT HAVE BEEN JOINED to an action, has been joined
regarding the dismissal of the special plea ofnon-joinder of Legal Aid or Mafikeng Justice Centre and/or Secretary General, Office of the Chief Justice and also cross-appeal in respect of the dismissal of the special plea of misjoinder.10 Before the court g 1/110. 6 The special plea of misjoinder does not appear in the record before the Full Court.
