The respondents instituted action in the Gauteng Division of the High Court for payment of money based on alleged breach of contract, alternatively unlawful competition and unauthorised use of confidential information. The summons cited the defendant as 'Foxlake Investments (Pty) Ltd t/a Foxway Developments (Pty) Ltd'. The agreement attached to the particulars of claim, however, reflected Foxway Developments (Pty) Ltd as the contracting party. Foxlake and Foxway shared the same registered address, managing director, and offices. After exceptions were raised pointing out that Foxlake was not a party to the agreement, the respondents sought to amend the citation to reflect Foxway as the defendant. The appellant opposed the amendment on the basis that it amounted to substituting a new defendant after prescription had run and that the original summons did not interrupt prescription.