Adise v Minister of Defence and Military Veterans (32474/2022) [2023] ZAGPPHC 732 (21 August 2023)

Adise v Minister of Defence and Military Veterans (32474/2022) [2023] ZAGPPHC 732 (21 August 2023)

The court found that the plaintiff's particulars of claim, when read as a whole, provide sufficient detail for the defendant to identify the nature of the claim and reasonably assess the quantum of damages. The allegations omitted by the defendant relate to future loss of earnings, which is not part of the plaintiff's claim. The plaintiff has pleaded all material facts necessary to sustain the claim, including the wrongful act, injuries, and quantum. The exception is not directed at isolated paragraphs but at the formulation of the claim as a whole. The defendant is able to ascertain the amounts claimed and the heads of damage. Accordingly, the particulars of claim are not vague and...

Citation
[2023] ZAGPPHC 732
Parties
Plaintiff: Abraham Ayele Adise; Defendant: Minister of Defence and Military Veterans
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 August 2023
Case Number
32474/2022
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
Marx du Plessis
Legal Topics
Pleading Requirements, Vague and Embarrassing, Personal Injury, Quantum of Damages
Civil Procedure Delict Pleading Requirements Vague and Embarrassing Personal Injury Quantum of Damages

Case Brief

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Parties

Abraham Ayele Adise

Plaintiff

Minister of Defence and Military Veterans

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim are excipiable for lack of compliance with Rule 18(10).
  2. 2 Whether the particulars of claim are vague and embarrassing or lack necessary averments to sustain a cause of action.
  3. 3 Whether the defendant is prejudiced in assessing the quantum of damages claimed.

Ratio Decidendi

The court found that the plaintiff's particulars of claim, when read as a whole, provide sufficient detail for the defendant to identify the nature of the claim and reasonably assess the quantum of damages. The allegations omitted by the defendant relate to future loss of earnings, which is not part of the plaintiff's claim. The plaintiff has pleaded all material facts necessary to sustain the claim, including the wrongful act, injuries, and quantum. The exception is not directed at isolated paragraphs but at the formulation of the claim as a whole. The defendant is able to ascertain the amounts claimed and the heads of damage. Accordingly, the particulars of claim are not vague and...

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed, with costs.