Blackberry Limited and Another v Silver Meadow Trading 257 (Pty) Ltd t/a Phat Concepts and Others (50304/14) [2015] ZAGPPHC 323 (11 May 2015)

Blackberry Limited and Another v Silver Meadow Trading 257 (Pty) Ltd t/a Phat Concepts and Others (50304/14) [2015] ZAGPPHC 323 (11 May 2015)

The court found that the plaintiffs' particulars of claim failed to clearly indicate whether the claim was contractual, delictual, or quasi-vindicatory. While the plaintiffs asserted a quasi-vindicatory basis, several pleaded facts, particularly in paragraphs 12.2 to 12.4, were inconsistent with such a claim and instead suggested a contractual relationship. The ambiguity and vagueness in the pleading prevented the defendants from knowing the case they had to meet, justifying the exception. The court upheld the exception and ordered the plaintiffs to amend their particulars of claim within ten days, failing which they would be barred from doing so.

Citation
[2015] ZAGPPHC 323
Parties
Plaintiff: Blackberry Limited; Plaintiff: Blackberry Mobile South Africa (Pty) Ltd; Defendant: Silver Meadow Trading 257 (Pty) Ltd t/a Phat Concepts; Defendant: Christopher Shaun de Bod; Defendant: Rico Wessels
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 May 2015
Case Number
50304/14
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception upheld; plaintiffs ordered to amend particulars of claim within ten days or be barred; costs awarded to defendants.
Judges
J W Louw
Legal Topics
Exception Procedure, Vagueness and Embarrassment, Quasi Vindicatory Claim, Contract Vs Delict
Civil Procedure Commercial and Corporate Exception Procedure Vagueness and Embarrassment Quasi Vindicatory Claim Contract Vs Delict

Case Brief

Summary, issues, holding and outcome

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Parties

Blackberry Limited

Plaintiff

Blackberry Mobile South Africa (Pty) Ltd

Plaintiff

Silver Meadow Trading 257 (Pty) Ltd t/a Phat Concepts

Defendant

Christopher Shaun de Bod

Defendant

Rico Wessels

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs' particulars of claim are vague and embarrassing.
  2. 2 Whether the claim is based on contract, delict, or quasi-vindicatory grounds.
  3. 3 Whether the pleaded facts support a quasi-vindicatory claim.

Ratio Decidendi

The court found that the plaintiffs' particulars of claim failed to clearly indicate whether the claim was contractual, delictual, or quasi-vindicatory. While the plaintiffs asserted a quasi-vindicatory basis, several pleaded facts, particularly in paragraphs 12.2 to 12.4, were inconsistent with such a claim and instead suggested a contractual relationship. The ambiguity and vagueness in the pleading prevented the defendants from knowing the case they had to meet, justifying the exception. The court upheld the exception and ordered the plaintiffs to amend their particulars of claim within ten days, failing which they would be barred from doing so.

Court Disposition

Exception upheld; plaintiffs ordered to amend particulars of claim within ten days or be barred; costs awarded to defendants.

Orders

  • The defendants' exception is upheld.
  • The plaintiffs are afforded 10 days from date of service of this order to amend their particulars of claim, failing which they will ipso facto be barred from doing so.