Bendrew Trading v Sihle Property Developers and Plant Hire (1857/2020) [2021] ZAMPMBHC 37 (13 August 2021)

Bendrew Trading v Sihle Property Developers and Plant Hire (1857/2020) [2021] ZAMPMBHC 37 (13 August 2021)

The court found that the plaintiff's amended particulars of claim set out the material terms of the alleged oral agreement with sufficient clarity and particularity. The references to Trumod as the defendant's service provider, the payment made by the plaintiff on behalf of the defendant, and the connection to the defendant's name in the payment notification were adequately pleaded. The defendant's objections were not supported by law or fact, and no prejudice was demonstrated. The exceptions were therefore dismissed.

Citation
[2021] ZAMPMBHC 37
Parties
Plaintiff: Bendrew Trading; Defendant: Sihle Property Developers and Plant Hire
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
13 August 2021
Case Number
1857/2020
Procedural Posture
Civil Procedure / Exception to Amended Particulars of Claim
Outcome
Exceptions dismissed; costs awarded against the defendant.
Judges
H.F. Brauckmann
Legal Topics
Exceptions, Vague and Embarrassing Pleading, Rule 18 Uniform Rules, Oral Contract, Particularity of Pleading
Civil Procedure Exceptions Vague and Embarrassing Pleading Rule 18 Uniform Rules Oral Contract Particularity of Pleading

Case Brief

Summary, issues, holding and outcome

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Parties

Bendrew Trading

Plaintiff

Sihle Property Developers and Plant Hire

Defendant

Procedural Posture

Civil Procedure / Exception to Amended Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's amended particulars of claim are vague and embarrassing or lack sufficient particularity to enable the defendant to plead.
  2. 2 Whether the plaintiff has pleaded the material terms of the alleged oral agreement with sufficient clarity.
  3. 3 Whether the reference to the payment to Trumod and the connection to the defendant is adequately pleaded.

Ratio Decidendi

The court found that the plaintiff's amended particulars of claim set out the material terms of the alleged oral agreement with sufficient clarity and particularity. The references to Trumod as the defendant's service provider, the payment made by the plaintiff on behalf of the defendant, and the connection to the defendant's name in the payment notification were adequately pleaded. The defendant's objections were not supported by law or fact, and no prejudice was demonstrated. The exceptions were therefore dismissed.

Court Disposition

Exceptions dismissed; costs awarded against the defendant.

Orders

  • The exceptions are dismissed.
  • The defendant is ordered to pay the costs.