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Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Part V : General and Supplementary

Chapter XVIII : General and Supplementary

111. Amendment of proceedings

 

(1) In any civil proceedings, the court may, at any time before judgment, amend any summons or other document forming part of the record: Provided that no amendment shall be made by which any party other than the party applying for such amendment may (notwithstanding adjournment) be prejudiced in the conduct of his action or defence.

 

(2) In civil proceedings an amendment may be made upon such terms as to costs and otherwise as the court may judge reasonable.

 

(3) No misnomer in regard to the name of any person or place shall vitiate any proceedings of the court if the person or place is described as commonly known, and the court may, on application, correct such misnomer at any time before or after judgment is given.

 

(4) [Section 111(4) deleted by section 4 of General Law Fourth Amendment Act, 1993 (Act No. 132 of 1993)].