Apleni v African Process Solutions (Pty) Ltd and Another (15211/17) [2018] ZAWCHC 160 (27 November 2018)

Apleni v African Process Solutions (Pty) Ltd and Another (15211/17) [2018] ZAWCHC 160 (27 November 2018)

The court held that the delictual claim was pleaded independently and in the alternative to the contractual claim. The Lillicrap principle does not bar a delictual claim where the requirements for both causes of action are satisfied, and the plaintiff is entitled to plead them in the alternative. The court found that the particulars of claim sustain a cause of action in delict independent of the contract. Regarding jurisdiction, the court determined that both defendants are resident within its area, and the relief sought is monetary and enforceable against them. The court reasoned that the lex loci delicti rule is not rigid and may be displaced where the parties have a common link to the...

Citation
[2018] ZAWCHC 160
Parties
Plaintiff: Andile Albert Apleni; Defendant: African Process Solutions (Pty) Ltd; Defendant: Zane Salie
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
27 November 2018
Case Number
15211/17
Procedural Posture
Civil Trial / Exception to Particulars of Claim
Outcome
Both exceptions are dismissed with costs.
Judges
R.C.A Henney
Legal Topics
Exception to Particulars of Claim, Concurrent Liability Contract and Delict, Jurisdiction of High Court, Lex Loci Delicti, Personal Injury, Employment Relationship
Civil Procedure Delict Exception to Particulars of Claim Concurrent Liability Contract and Delict Jurisdiction of High Court Lex Loci Delicti Personal Injury Employment Relationship

Case Brief

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Parties

Andile Albert Apleni

Plaintiff

African Process Solutions (Pty) Ltd

Defendant

Zane Salie

Defendant

Procedural Posture

Civil Trial / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether a delictual claim is maintainable where the negligence relied on consists in the breach of a contractual term.
  2. 2 Whether the particulars of claim disclose sufficient averments to establish the jurisdiction of the Western Cape High Court over a delict committed in the Democratic Republic of Congo.

Ratio Decidendi

The court held that the delictual claim was pleaded independently and in the alternative to the contractual claim. The Lillicrap principle does not bar a delictual claim where the requirements for both causes of action are satisfied, and the plaintiff is entitled to plead them in the alternative. The court found that the particulars of claim sustain a cause of action in delict independent of the contract. Regarding jurisdiction, the court determined that both defendants are resident within its area, and the relief sought is monetary and enforceable against them. The court reasoned that the lex loci delicti rule is not rigid and may be displaced where the parties have a common link to the...

Court Disposition

Both exceptions are dismissed with costs.

Orders

  • The first and second exceptions are dismissed with costs.