Ndaba v Mhlambi (AR 267/10) [2011] ZAKZPHC 17 (4 April 2011)

13 Reportability
Civil Procedure

Brief Summary

Judgment — Clerical errors — Amendment of judgment heading — Respondent incorrectly identified in judgment heading — Patent clerical error as envisaged by Rule 42(1)(b) — Heading amended to reflect correct respondent's name.

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[2011] ZAKZPHC 17
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Ndaba v Mhlambi (AR 267/10) [2011] ZAKZPHC 17 (4 April 2011)

IN THE KWAZULU-NATAL
HIGH COURT, PIETERMARITZBURG
REPUBLIC OF SOUTH
AFRICA
CASE NO. AR 267/10
In the matter between
:
VINCENT DELANI NDABA
…..................................................
APPELLANT
and
JOSEPH JAMELA MHLAMBI
…...........................................
RESPONDENT
ADDENDUM TO JUDGMENT
SWAIN J
[1] It has been brought
to our attention, by the respondent’s attorneys that the
respondent is incorrectly reflected in the
heading to the Judgment as
Podbielski Mhlambi Incorporated, when the respondent is Joseph Jamela
Mhlambi.
[2] It is quite clear
that this was a patent clerical error as envisaged by Rule 42 (1) (b)
and the heading to the Judgment has
been amended accordingly.
[3] Of lesser importance
is that the respondent’s attorneys of record were reflected in
the record of appearances as Podbielski
Mhlambi Incorporated, when
the respondent’s attorneys were Louis M. Podbielski. This
aspect has also been amended.
Dated at Pietermaritzburg
this day of April 2011
____________
K. SWAIN J
________________________
J. PLOOS VAN AMSTEL A
J