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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

(1)      REPORTABLE: YES/NO

(2)       OF INTEREST TO OTHER JUDGES: YES/NO

(3)       REVISED.

 

CASE NO.: 58679/2018

11/12/2019

 

In the matter between:

 

FOOD AND ALLIED WORKERS' UNION                           Excipient/Second Defendant

 

and

 

UMBHABA ESTATES (PTY) LTD                                         Respondent/Plaintiff

JUDGMENT

VAN DER WESTHUIZEN, J

[1]        In this matter I delivered a written judgment on 5 December 2019. My attention has been drawn to the fact that I did not in the order I granted afford the respondent/plaintiff an opportunity of amending its particulars of claim, should it be so advised.

[2]        In terms of the provisions of Rule 42 of the Uniform Rules of Court, I am authorised to amend my order mero motu where there is an ambiguity or omission contained therein.

[3]        I hereby amend the order granted on 5 December 2019 by adding a paragraph 4 that reads as follows:

“The respondent/plaintiff is granted leave to amend its amended particulars of claim, if so advised, within 7 (seven) days of the date of this order.”

 

[4]        In view thereof that the 7 days may have expired by the time of this addition to the order of 5 December 2019, the time for an amendment to the order of 5 December 2019 will run from the date of this amending order.

[5]       I am advised that the excipient/ second defendant apparently has no objection to the grant of this amendment to the order of 5 December 2019.

 

I grant the following order:

 

1.            The order of 5 December 2019 is amended in the following manner:

"4.        The respondent/plaintiff is granted leave to amend its amended particulars of claim, if so advised, within 7 (seven) days of the date of this order.”

 

2.            The seven days will run from the date of this order.

 

 

 

C J VAN DER WESTHUIZEN

JUDGE OF THE HIGH COURT

 

On behalf of Excipient/Second Defendant:                             TMG Euijen SC

Instructed by:                                                                           Cheadle Thompson & Haysom Inc.

 

On behalf of Respondent:                                                        EC Labuschagne SC

SG Maritz

Instructed by:                                                                           Adams & Adams Attorneys

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