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2025
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[2025] ZAGPJHC 1103
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Mathevula v Willow Crest Motors CC (131977/2023) [2025] ZAGPJHC 1103 (27 October 2025)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG LOCAL
DIVISION, JOHANNESBURG
CASE
NO
: 131977/2023
DATE
:
2025-10-27
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED
DATE:
27 October 2025
In the matter between
MUSHE
MATHEVULA
Plaintiff
and
WILLOW CREST MOTORS
CC
Defendant
JUDGMENT
EX TEMPORE
WILSON
J
: T
he defendant took
exception to a pleading filed by the plaintiff. The plaintiff
gave notice of his intention to amend in response
to the exception.
The defendant objected to the notice of intention to amend.
The
ordinary course in response to the objection would be to bring an
application for leave to amend. Instead of doing that,
for
reasons best known to himself, the plaintiff decided to bring an
application to strike the exception out.
There
is no basis in law for such a manoeuvre, which seems to me to be
aimed solely at avoiding what the plaintiff must accept is
a
meritorious exception. The application is an abuse of process
and will be dismissed.
I
accordingly make the following order:
[1]
The application is dismissed.
[2]
Each party will pay their own costs.
WILSON J
JUDGE OF THE HIGH
COURT
27 October 2025