Mathevula v Willow Crest Motors CC (131977/2023) [2025] ZAGPJHC 1103 (27 October 2025)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2025 >> [2025] ZAGPJHC 1103 | Noteup | LawCite sino index ## Mathevula v Willow Crest Motors CC (131977/2023) [2025] ZAGPJHC 1103 (27 October 2025) Mathevula v Willow Crest Motors CC (131977/2023) [2025] ZAGPJHC 1103 (27 October 2025) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2025_1103.html sino date 27 October 2025 # IN THE HIGH COURT OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA # GAUTENG LOCAL DIVISION, JOHANNESBURG 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 sino noindex make_database footer start