ABSA Bank Limited v Mosima and Another (15820/2022) [2023] ZAGPPHC 682 (17 August 2023)

ABSA Bank Limited v Mosima and Another (15820/2022) [2023] ZAGPPHC 682 (17 August 2023)

The court found that the defendants' Rule 30A application was based on a misinterpretation of the Uniform Rules. A plea in reconvention is governed by Rule 22, not Rule 25, and is only barred after a notice of bar under Rule 26, which was not served. The plaintiff's exception was therefore timeous. Regarding the exception, the court held that claim B failed to plead any overt act or specific impairment of personality, and referenced non-existent paragraphs, thus disclosing no cause of action for iniuria. Claim C, for malicious proceedings, lacked allegations of intent and failed to particularize special damages. Both exceptions were upheld. The court declined to grant punitive costs,...

Citation
[2023] ZAGPPHC 682
Parties
Applicant: ABSA Bank Limited; Respondent: Mosima, J; Respondent: Mosima, NL
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 August 2023
Case Number
15820/2022
Procedural Posture
Civil Application / Exception and Rule 30 a Application Heard Together
Outcome
The application in terms of Rule 30A is dismissed with costs. The exceptions to claims B and C are upheld with costs. The defendants are granted leave to amend claims B and C within 20 days.
Judges
Millar
Legal Topics
Uniform Rules of Court, Exception Procedure, Counterclaims, Actio Iniuriarum, Malicious Prosecution
Civil Procedure Commercial and Corporate Uniform Rules of Court Exception Procedure Counterclaims Actio Iniuriarum Malicious Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

ABSA Bank Limited

Applicant

Mosima, J

Respondent

Mosima, NL

Respondent

Procedural Posture

Civil Application / Exception and Rule 30 a Application Heard Together

Legal Issues

  1. 1 Whether the plaintiff's exception to the defendants' counterclaims should be upheld.
  2. 2 Whether the defendants' Rule 30A application regarding alleged irregular steps by the plaintiff is sustainable.
  3. 3 Whether the counterclaims for iniuria and malicious proceedings disclose a cause of action.

Ratio Decidendi

The court found that the defendants' Rule 30A application was based on a misinterpretation of the Uniform Rules. A plea in reconvention is governed by Rule 22, not Rule 25, and is only barred after a notice of bar under Rule 26, which was not served. The plaintiff's exception was therefore timeous. Regarding the exception, the court held that claim B failed to plead any overt act or specific impairment of personality, and referenced non-existent paragraphs, thus disclosing no cause of action for iniuria. Claim C, for malicious proceedings, lacked allegations of intent and failed to particularize special damages. Both exceptions were upheld. The court declined to grant punitive costs,...

Court Disposition

The application in terms of Rule 30A is dismissed with costs. The exceptions to claims B and C are upheld with costs. The defendants are granted leave to amend claims B and C within 20 days.

Orders

  • The application in terms of Rule 30A is dismissed with costs.
  • The exceptions to claims B and C are upheld with costs.