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Special plea. A special plea does not raise a defence on the merits of the case but sets up some special defence which has the objective either to – ... Non-joinder or misjoinder: a dilatory plea that delays the proceedings. If evidence is required that another person should have been joined as plaintiff or defendant, or some party who has ...

Special plea of misjoinder or 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. A special plea of non-joinder may be raised where a party who should have been joined in an action, has not been joined to the action. Special plea of res judicata. This special plea ...

At p 473-479, the leaned authors enumerated and explained those special defence that are typified by special pleas, viz, dialatory pleas, pleas in abatement, lis alibi pendens, arbitration as a condition precedent, prescription, no-joinder or misjoinder, res judicata and absence of jurisdiction.

costs. The defendant took a plea in abatement, that the plaintiff’s claim is now res judicata as it was heard and determined by the Superior Court of the State of Arizona in and for the County of Maricopa in the United States of America and that the court has no jurisdiction to determine this matter. (Hereinafter referred to as the USA).

1. 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

that a special plea of misjoinder of the second defendant must be decided, together with the special plea of non-joinder of National Prosecuting Authority. Written submissions fully canvassed both topics. The special pleas of misjoinder and non-joinder referred to above were fully canvassed in trial1.

Download PDF (622.3 KB) ... The special plea is in respect of a summons issued by the plaintiffs on 12 November 2021 under HC 6404-21. In the main, ... However, its motion to have the application dismissed on the strength of its misjoinder to the same cannot hold.” ...

The fourth and fifth special pleas raised the issue of no cause of action against the first and second respondents whereas the sixth special plea raised the issue of misjoinder of the third respondent. The gist of the fourth and fifth special pleas was that the appellant was wrongfully imprisoned.

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 ...

The special plea of misjoinder is dismissed. The defendant is to pay the plaintiff’s costs, which costs shall be capped in terms of rule 32(11). The matter is postponed to 13 March 2024 at 08h30 for status hearing. The parties are directed to file a joint status report on or before 7 March 2024. Judge’s signature: Note to the parties: Not ...

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

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.

Misjoinder Special Plea Drafting. When drafting a misjoinder special plea, it is important to clearly outline the grounds for the plea. Here's a basic structure you can follow: Introduction: Briefly introduce the plea and its purpose. Statement of Misjoinder: Clearly state the misjoinder, i.e., the improper joining of parties or claims in the ...

(2) The third special plea of non-compliance is dismissed; (3) The fourth and fifth special plea of no cause of action must be adjudicated separately; (4) The sixth special plea of misjoinder is upheld; and (5) The respondents are ordered to pay applicants’ costs of the application on an opposed basis. SARDIWALLA J

of the special pleas. The plaintiff answers to the special pleas of the defendant as follows: 9.1 misjoinder: 9.1.1 After the summons was served on the defendant, it opposes the matter and pleaded. Thereafter the action proceedings followed and the defendant duly participated. Later defendant even amended its pleadings. To do that, one needs ...

[10] It is the aforesaid averments that qualified the special plea of misjoinder of the second defendant (Minister) for delictual conduct of a prosecutor. The judgment sought to be appealed addressed itself only on the special plea of misjoinder of the second defendant for delicts arising out of a conduct of a prosecutor. It is now plain that the

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 ...

may raise a special plea objecting to the premature summons 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 ...