The parties to the appeal entered into an agreement in which
it was agreed that the respondent would provide services to the Appellant’s
mine. A contest between the parties arose in respect of the renewal of the
agreement. It was on that basis that the respondent filed a case against the
Appellant claiming for compensation which the Appellant disputed. The trial
proceeded on the basis that the Appellant breached the agreement and awarded
the respondents compensation for the breach of the contract. The Appellant was
aggrieved by the decision of the trial court and lodged an appeal in the High
Court but he was not successful. Still aggrieved he filed this appeal. In the
course of hearing the appeal the Court considered whether it was proper for the
trial court to hear the preliminary objection and allow the amendment of the
plaint and continue with the hearing of the case without delivering a ruling on
the objection.