[1] This is an application for leave to amend the Plaintiff’s particulars of claim which is preceded by an application for condonation for the late filing of the application for leave to amend.

[2] The application to amend is opposed by the Defendant on the basis that the amendment sought will render the Plaintiff’s particulars of claim excipiable as no cause of action would be disclosed.  The application for condonation is likewise being opposed on the basis that the Plaintiff has failed to show good cause why the late filing of the application for leave to amend was not filed timeously.

[3] In these proceedings I have to decide whether the Plaintiff’s application for amendment of its particulars of claim should be allowed and whether the amendment if allowed will render the Plaintiff’s particulars of claim excipiable on the basis that the particulars of claim would lack the necessary averments to sustain an action.

[4] The Plaintiff who is the Applicant in these proceedings instituted action against the Defendant who is the Respondent.  I will for sake of simplicity refer to the Applicant as the Plaintiff and the Respondent as the Defendant. The action was instituted during September 2013.

[5] The Defendant entered appearance to defend the action and on the 14th October 2013 served on the Plaintiff’s attorney notices in terms of Rule 35(12) as well as Rule 35(14) in which notices the Defendant requested from the Plaintiff the following: