Afrifresh Group (Pty) Limited v Alan Jaques Renard (Pty) Limited (2013/16380) [2015] ZAGPJHC 9 (3 February 2015)

Afrifresh Group (Pty) Limited v Alan Jaques Renard (Pty) Limited (2013/16380) [2015] ZAGPJHC 9 (3 February 2015)

The court found that the plaintiff's particulars of claim were contradictory and irreconcilable with the contents of annexure 'C'. Specifically, the claim that the defendant was instructed to obtain cover for amounts equal to 50% of the previous year's transactions was not supported by the annexure, which used discretionary language. The contradiction between paragraphs 6 and 8 rendered the particulars of claim vague and embarrassing, making it impossible for the defendant to plead properly. The exception was upheld, and the plaintiff was granted leave to amend its particulars of claim.

Citation
[2015] ZAGPJHC 9
Parties
Plaintiff: Afrifresh Group (Pty) Limited; Defendant: Alan Jaques Renard (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 February 2015
Case Number
2013/16380
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Defendant's exception upheld; plaintiff granted leave to amend particulars of claim within ten days; plaintiff ordered to pay costs.
Judges
N P G Redman
Legal Topics
Pleading Exception, Vague and Embarrassing, Breach of Contract, Interpretation of Contracts
Civil Procedure Commercial and Corporate Pleading Exception Vague and Embarrassing Breach of Contract Interpretation of Contracts

Case Brief

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Parties

Afrifresh Group (Pty) Limited

Plaintiff

Alan Jaques Renard (Pty) Limited

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim are vague and embarrassing or lack averments necessary to sustain a cause of action.
  2. 2 Whether the instructions in annexure 'C' support the plaintiff's pleaded case for breach of contract.
  3. 3 Whether the contradiction between paragraphs 6 and 8 of the particulars of claim renders the claim unsustainable.

Ratio Decidendi

The court found that the plaintiff's particulars of claim were contradictory and irreconcilable with the contents of annexure 'C'. Specifically, the claim that the defendant was instructed to obtain cover for amounts equal to 50% of the previous year's transactions was not supported by the annexure, which used discretionary language. The contradiction between paragraphs 6 and 8 rendered the particulars of claim vague and embarrassing, making it impossible for the defendant to plead properly. The exception was upheld, and the plaintiff was granted leave to amend its particulars of claim.

Court Disposition

Defendant's exception upheld; plaintiff granted leave to amend particulars of claim within ten days; plaintiff ordered to pay costs.

Orders

  • The defendant's exception is upheld.
  • The plaintiff is afforded ten days within which to amend its particulars of claim.