Body Corporate Weeping Willow v Malatji and Another (2020/48002) [2021] ZAGPPHC 711 (19 October 2021)

Body Corporate Weeping Willow v Malatji and Another (2020/48002) [2021] ZAGPPHC 711 (19 October 2021)

The court found that the plaintiff's amended particulars of claim were vague and embarrassing because the defendants could not discern a clear and unambiguous meaning nor plead thereto without embarrassment. The particulars failed to specify what portion of the claimed amount related to legal fees, which is material given the requirements of the Sectional Title Schemes Management Act. The lack of detail prejudiced the defendants' ability to plead and meet the plaintiff's case. Accordingly, the exception was upheld and the plaintiff was ordered to amend the particulars of claim.

Citation
[2021] ZAGPPHC 711
Parties
Plaintiff: Body Corporate Weeping Willow; Defendant: Matome Thompson Malatji; Defendant: Senkoane Thandi Moifo
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 October 2021
Case Number
2020/48002
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception upheld; plaintiff ordered to amend particulars of claim and pay costs.
Judges
Mokose
Legal Topics
Exception to Pleadings, Vague and Embarrassing, Cause of Action, Sectional Title Schemes Management Act
Civil Procedure Exception to Pleadings Vague and Embarrassing Cause of Action Sectional Title Schemes Management Act

Case Brief

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Parties

Body Corporate Weeping Willow

Plaintiff

Matome Thompson Malatji

Defendant

Senkoane Thandi Moifo

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim are vague and embarrassing to the extent that the defendants cannot plead thereto.
  2. 2 Whether the particulars of claim lack averments necessary to sustain a cause of action.
  3. 3 Whether the claim for arrear levies and legal fees is sufficiently particularised.

Ratio Decidendi

The court found that the plaintiff's amended particulars of claim were vague and embarrassing because the defendants could not discern a clear and unambiguous meaning nor plead thereto without embarrassment. The particulars failed to specify what portion of the claimed amount related to legal fees, which is material given the requirements of the Sectional Title Schemes Management Act. The lack of detail prejudiced the defendants' ability to plead and meet the plaintiff's case. Accordingly, the exception was upheld and the plaintiff was ordered to amend the particulars of claim.

Court Disposition

Exception upheld; plaintiff ordered to amend particulars of claim and pay costs.

Orders

  • The plaintiff is ordered to amend the particulars of claim within fifteen (15) days of the granting of this order.
  • The plaintiff is ordered to pay the defendants' costs of the exception.