Bizz Tracers (Pty) Ltd and Another v Eskom Holdings SOC Ltd (13374/2020) [2024] ZAGPPHC 644 (2 July 2024)

Bizz Tracers (Pty) Ltd and Another v Eskom Holdings SOC Ltd (13374/2020) [2024] ZAGPPHC 644 (2 July 2024)

The court held that the plaintiff's particulars of claim are clear, complete, and contain all necessary averments to sustain a cause of action. The particulars of claim set out the written agreement, the alleged breach, and the material terms relied upon. The defendants failed to demonstrate that the particulars of claim are vague, embarrassing, or prejudicial to the extent that they cannot plead. The exception was found to be without merit and amounted to a nit-picking exercise. The application was brought mala fide, causing unnecessary delay, and warranted rebuke. The exception was dismissed with costs on an attorney and client scale due to abuse of process.

Citation
[2024] ZAGPPHC 644
Parties
Applicant: Bizz Tracers (Pty) Ltd; Applicant: Ratlhogo Peter Calvin Rafadi; Respondent: Eskom Holdings SOC Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 July 2024
Case Number
13374/2020
Procedural Posture
Civil Application / Exception to Particulars of Claim
Outcome
Exception dismissed with costs on an attorney and client scale.
Judges
Mnisi
Legal Topics
Exception Procedure, Pleading Requirements, Breach of Contract, Attorney and Client Costs
Civil Procedure Commercial and Corporate Exception Procedure Pleading Requirements Breach of Contract Attorney and Client Costs

Case Brief

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Parties

Bizz Tracers (Pty) Ltd

Applicant

Ratlhogo Peter Calvin Rafadi

Applicant

Eskom Holdings SOC Ltd

Respondent

Procedural Posture

Civil Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim lack averments necessary to sustain a cause of action.
  2. 2 Whether the particulars of claim are vague and embarrassing to the extent that they prejudice the defendants.
  3. 3 Whether the defendants are entitled to have the exception upheld and the particulars of claim set aside.

Ratio Decidendi

The court held that the plaintiff's particulars of claim are clear, complete, and contain all necessary averments to sustain a cause of action. The particulars of claim set out the written agreement, the alleged breach, and the material terms relied upon. The defendants failed to demonstrate that the particulars of claim are vague, embarrassing, or prejudicial to the extent that they cannot plead. The exception was found to be without merit and amounted to a nit-picking exercise. The application was brought mala fide, causing unnecessary delay, and warranted rebuke. The exception was dismissed with costs on an attorney and client scale due to abuse of process.

Court Disposition

Exception dismissed with costs on an attorney and client scale.

Orders

  • The application is dismissed.
  • The applicants/defendants/excipients are to pay the costs of this application on an attorney and client scale, jointly and severally, the one paying the other to be absolved.