On 17 September 2005 and at Glen Eden, East London, plaintiff was participating in an activity known as the Kempston Corporate Adventure Race when she fell from a so-called zip-wire (colloquially known as a “foefie slide”) affixed to the top of a scaffold platform and sustained certain bodily injuries.

In consequence thereof plaintiff instituted action against four defendants. The first defendant is Lilyfontein School which organised the adventure race. The second defendant is the governing body of Lilyfontein School. The third defendant, Ontrack Adventure, was originally cited as a firm. At some stage Revensco Trading 020 CC, a close corporation trading as Ontrack Club, was joined as a third party. Despite this, Ontrack Adventure remains cited as the third defendant. The fourth defendant is the MEC for Education, Eastern Cape.