Botha and Others v Zanro Fashion CC and Another (026742-2022) [2023] ZAGPPHC 1181 (28 September 2023)

Botha and Others v Zanro Fashion CC and Another (026742-2022) [2023] ZAGPPHC 1181 (28 September 2023)

The court held that, when considering the pleadings as a whole and treating the averments as true for the purpose of the exception, the plaintiffs have pleaded the terms of the contract sufficiently, including the obligation of the defendants to render services at the special instance and request of the plaintiffs. The absence of specific timeframes for performance does not render the particulars of claim excipiable, as the precise terms of the contract are for the trial court to determine. The pleadings are specific enough for the defendants to enter a plea, and there is no prejudice to the defendants if the exception is dismissed.

Citation
[2023] ZAGPPHC 1181
Parties
Plaintiff: Johanna Hester Alberta Botha; Plaintiff: Grey Dot Consulting (Pty) Ltd; Plaintiff: National Education Group Labour (Pty) Ltd; Plaintiff: National Education Group Holdings; Defendant: Zanro Fashion CC; Defendant: Elzaan van der Merwe
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 September 2023
Case Number
026742-2022
Procedural Posture
Civil Procedure / Exception to Amended Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
WJ du Plessis
Legal Topics
Pleading Requirements, Breach of Contract, Locatio Conductio Operis, Exception Procedure
Civil Procedure Commercial and Corporate Pleading Requirements Breach of Contract Locatio Conductio Operis Exception Procedure

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 7 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Johanna Hester Alberta Botha

Plaintiff

Grey Dot Consulting (Pty) Ltd

Plaintiff

National Education Group Labour (Pty) Ltd

Plaintiff

National Education Group Holdings

Plaintiff

Zanro Fashion CC

Defendant

Elzaan van der Merwe

Defendant

Procedural Posture

Civil Procedure / Exception to Amended Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs have pleaded sufficient averments to sustain a cause of action for breach of contract.
  2. 2 Whether the absence of specific timeframes for performance renders the particulars of claim excipiable.
  3. 3 Whether the amended particulars of claim are vague and embarrassing or lack necessary averments.

Ratio Decidendi

The court held that, when considering the pleadings as a whole and treating the averments as true for the purpose of the exception, the plaintiffs have pleaded the terms of the contract sufficiently, including the obligation of the defendants to render services at the special instance and request of the plaintiffs. The absence of specific timeframes for performance does not render the particulars of claim excipiable, as the precise terms of the contract are for the trial court to determine. The pleadings are specific enough for the defendants to enter a plea, and there is no prejudice to the defendants if the exception is dismissed.

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.