Brondev Developments (Pty) Ltd and Another v City Of Tshwane Metropolitan Municipality (74422/16) [2019] ZAGPPHC 44 (22 February 2019)

Brondev Developments (Pty) Ltd and Another v City Of Tshwane Metropolitan Municipality (74422/16) [2019] ZAGPPHC 44 (22 February 2019)

The court found that the defendant's special plea, although inelegant, was sufficiently clear for the plaintiffs to understand the course of action required, such as amending their particulars of claim. The embarrassment caused by the special plea could have been remedied by amendment, and thus the exception to the special plea was dismissed. However, the defendant's plea was found to be contradictory and not pleaded in the alternative, leaving the plaintiffs uncertain about the defendant's case and causing prejudice. This contradiction struck at the root of the defence and justified upholding the exception to the plea. The defendant was granted leave to amend its plea within twenty-one...

Citation
[2019] ZAGPPHC 44
Parties
Plaintiff: Brondev Developments (Pty) Ltd; Plaintiff: Quadrotund (Pty) Ltd; Defendant: City Of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 February 2019
Case Number
74422/16
Procedural Posture
Civil Procedure / Exception to Special Plea and Plea
Outcome
Exception to the special plea dismissed with costs; exception to the plea upheld with costs; defendant granted leave to amend its plea within twenty-one days.
Judges
A E Andrews
Legal Topics
Exception Procedure, Pleading Irregularity, Debate of Account, Town Planning and Townships Ordinance, Fiduciary Duty, Contractual Obligation
Civil Procedure Land and Property Exception Procedure Pleading Irregularity Debate of Account Town Planning and Townships Ordinance Fiduciary Duty Contractual Obligation

Case Brief

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Parties

Brondev Developments (Pty) Ltd

Plaintiff

Quadrotund (Pty) Ltd

Plaintiff

City Of Tshwane Metropolitan Municipality

Defendant

Procedural Posture

Civil Procedure / Exception to Special Plea and Plea

Legal Issues

  1. 1 Whether the defendant's special plea is vague and embarrassing and should be struck out.
  2. 2 Whether the defendant's plea is contradictory, vague and embarrassing, and prejudices the plaintiffs.
  3. 3 Whether the plaintiffs have established a cause of action for the relief sought regarding the rendering and debatement of accounts.

Ratio Decidendi

The court found that the defendant's special plea, although inelegant, was sufficiently clear for the plaintiffs to understand the course of action required, such as amending their particulars of claim. The embarrassment caused by the special plea could have been remedied by amendment, and thus the exception to the special plea was dismissed. However, the defendant's plea was found to be contradictory and not pleaded in the alternative, leaving the plaintiffs uncertain about the defendant's case and causing prejudice. This contradiction struck at the root of the defence and justified upholding the exception to the plea. The defendant was granted leave to amend its plea within twenty-one...

Court Disposition

Exception to the special plea dismissed with costs; exception to the plea upheld with costs; defendant granted leave to amend its plea within twenty-one days.

Orders

  • The exception to the special plea is dismissed with costs.
  • The exception to the plea is upheld with costs.