Bekker v Apprica Labs (Pty) Ltd and Another (74482/2014) [2021] ZAGPPHC 158 (9 March 2021)

Bekker v Apprica Labs (Pty) Ltd and Another (74482/2014) [2021] ZAGPPHC 158 (9 March 2021)

The court found that the plaintiff's particulars of claim failed to plead any contractual nexus, obligations, or breach by the second defendant. The agreements attached to the particulars of claim were concluded with the first defendant, and the plaintiff had already obtained judgment against the first defendant. No evidence or averment was made regarding any agreement or communication with the second defendant. The particulars of claim did not enable the excipient to plead thereto and did not disclose a cause of action against the second defendant. Accordingly, the exception was upheld and the particulars of claim struck out.

Citation
[2021] ZAGPPHC 158
Parties
Plaintiff: Remeres Bekker; Defendant: Apprica Labs (Pty) Ltd; Defendant: Thought Inc (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 March 2021
Case Number
74482/2014
Procedural Posture
Exception Application / Exception to Particulars of Claim; Judgment on Exception
Outcome
Exception upheld; particulars of claim struck out with costs.
Judges
S C Mia
Legal Topics
Exception to Particulars of Claim, Contractual Nexus, Repudiation, Pleading Requirements, Striking Out
Civil Procedure Commercial and Corporate Exception to Particulars of Claim Contractual Nexus Repudiation Pleading Requirements Striking Out

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Remeres Bekker

Plaintiff

Apprica Labs (Pty) Ltd

Defendant

Thought Inc (Pty) Ltd

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim; Judgment on Exception

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose a cause of action against the second defendant.
  2. 2 Whether the plaintiff pleaded sufficient facts to establish a contractual nexus with the second defendant.
  3. 3 Whether the particulars of claim meet the requirements of Rule 18(4) and Rule 23 of the Uniform Rules of Court.

Ratio Decidendi

The court found that the plaintiff's particulars of claim failed to plead any contractual nexus, obligations, or breach by the second defendant. The agreements attached to the particulars of claim were concluded with the first defendant, and the plaintiff had already obtained judgment against the first defendant. No evidence or averment was made regarding any agreement or communication with the second defendant. The particulars of claim did not enable the excipient to plead thereto and did not disclose a cause of action against the second defendant. Accordingly, the exception was upheld and the particulars of claim struck out.

Court Disposition

Exception upheld; particulars of claim struck out with costs.

Orders

  • The exception is upheld.
  • The plaintiff’s particulars of claim is struck out with costs.