Van der Walt v Bosman

• Jurisdiction: South Africa
• Judge: Revelas J
• Judgment Date: 30 January 2009
• Docket Number: 283/08
• Court: South Eastern Cape Local Division
• Hearing Date: 29 January 2009
• Citation: 2009 JDR 0071 (SE)

Revelas J:

[1] The plaintiff, Mr van der Walt, was involved in a motor vehicle collision which occurred on 29 May 2006. The vehicle he was driving at the time was insured by Santam Limited ("Santam"). On 4 February 2008 the plaintiff, in his own name, issued summons out of this court against the defendant for damages, alleging that the collision was caused solely by the defendant's negligence.

[2] The plaintiff's attorney of record was under the impression that the plaintiff was insured by Santam, because all the insurance documents referred to the plaintiff and so did the details pertaining to the vehicle itself. Only after the defendant disputed the applicant's locus standi, and the sales agreement in respect of the

2009 JDR 0071 p3

Revelas J

vehicle was obtained from BMW Finance Service, it was established that the owner of the vehicle is in fact "Rockafè CC" (formerly Mansder Enterprises CC).

[3] A Notice of Intention to Amend was duly served on the defendant who objected to the proposed amendment of the summons and particulars of claim substituting the plaintiff with "Rockafè CC" the owner of the vehicle.

[4] The defendant, as respondent, opposed the application for amendment substituting the plaintiff (or applicant) with "Rockcafè" in the pleadings. The respondent did not file any affidavits. The objection was premised on the notion that the amendment would result in prejudice to the defendant (or respondent) in that the actual owner might not be interested in the litigation.

[5] Since the application had been filed, Santam has undertaken to indemnify both the plaintiff and Rockcafè. Therefore neither of these two parties could...