ABSA Bank Limited v Mashaba and Another (2023/045953) [2025] ZAGPJHC 277 (13 March 2025)

ABSA Bank Limited v Mashaba and Another (2023/045953) [2025] ZAGPJHC 277 (13 March 2025)

The court held that the plaintiffs' particulars of claim do not disclose sufficient allegations to establish the element of wrongfulness required for a delictual claim based on pure economic loss. There is no reference to a legal duty or facts from which wrongfulness can be inferred, and the particulars are replete with allegations of negligence without supporting an arguable inference of wrongfulness. Regarding causation, while factual causation may be minimally established, legal causation is not adequately pleaded, as there is no clear causal link between the defendant's conduct and the damages suffered. The damages exception was dismissed, as the categorisation of damages does not...

Citation
[2025] ZAGPJHC 277
Parties
Defendant: ABSA Bank Limited; Plaintiff: Elson Joseph Mashaba; Plaintiff: Nomusa Dolly Nkasa
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 March 2025
Case Number
2023/045953
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Defendant's first and second exceptions upheld; third exception dismissed; plaintiffs granted leave to amend particulars of claim; costs awarded to defendant on Scale B.
Judges
De Oliveira
Legal Topics
Pure Economic Loss, Wrongfulness, Legal Causation, Damages Pleading, Exception Procedure
Delict Civil Procedure Pure Economic Loss Wrongfulness Legal Causation Damages Pleading Exception Procedure

Case Brief

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Parties

ABSA Bank Limited

Defendant

Elson Joseph Mashaba

Plaintiff

Nomusa Dolly Nkasa

Plaintiff

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs' particulars of claim disclose sufficient allegations to establish wrongfulness for a delictual claim.
  2. 2 Whether the particulars of claim adequately plead legal causation between the defendant's conduct and the alleged damages.
  3. 3 Whether the plaintiffs have pleaded sufficient facts to support the categories of damages claimed.

Ratio Decidendi

The court held that the plaintiffs' particulars of claim do not disclose sufficient allegations to establish the element of wrongfulness required for a delictual claim based on pure economic loss. There is no reference to a legal duty or facts from which wrongfulness can be inferred, and the particulars are replete with allegations of negligence without supporting an arguable inference of wrongfulness. Regarding causation, while factual causation may be minimally established, legal causation is not adequately pleaded, as there is no clear causal link between the defendant's conduct and the damages suffered. The damages exception was dismissed, as the categorisation of damages does not...

Court Disposition

Defendant's first and second exceptions upheld; third exception dismissed; plaintiffs granted leave to amend particulars of claim; costs awarded to defendant on Scale B.

Orders

  • The defendant’s first and second exceptions are upheld.
  • The defendant’s third exception is dismissed.