NGURUMAN LIMITED V. JAN BONDE NEILSEN, HERMAN PHILIPUS STEYN ALSO KNOWN AS HERMANNUS PHILLIPUS STEYN & HEDDA STEYN

JUDGMENT OF THE COURT

This appeal arises out of a ruling of the High Court which declined to grant orders to Nguruman Limited, the appellant to strike out Jan Bonde Neilsen, the 1^st respondent’s Plaint dated 17^th May 2010 that instituted proceedings against the appellant, Hermannus Philipus Steyn and Hedda Steyn, the 2^nd and 3^rd respondents, also referred to herein as, the defendants.

By a Notice of Motion dated 6^th February 2014 brought under sections 1A and B, 3, 3A of the Civil Procedure Act, Order 2 rule 15 (1) (b), (c) and (d), order 51 rules 1 and 3 of the Civil Procedure Rules and the inherent powers of the court, the appellant sought the following orders;

1. That the appellant’s suit be struck out with costs for being an abuse of the court process;

2. That the Honourable court give such consequential, further or other orders as it may deem just; and

3. That the costs of the application be provided for.

The appellant’s application was said to be grounded on the 1^st respondent misrepr…