Bula Communication technologies (Pty) Ltd v Dell Computer (Pty) Ltd (22431/2013) [2014] ZAGPJHC 47 (14 March 2014)

Bula Communication technologies (Pty) Ltd v Dell Computer (Pty) Ltd (22431/2013) [2014] ZAGPJHC 47 (14 March 2014)

The court found that the plaintiff's particulars of claim in respect of claim A were excipiable, as they failed to plead with sufficient particularity the actual sales invoiced and instead relied on projected figures and periods not supported by the business relationship agreement's termination provisions. The quantification of damages was incongruent with the pleaded facts, rendering the claim vague and embarrassing. The court upheld the exceptions to claim A and set aside those averments, granting the plaintiff leave to amend. In contrast, claim B for commission was found to be adequately pleaded and could stand independently. The defendant was substantially successful and awarded...

Citation
[2014] ZAGPJHC 47
Parties
Plaintiff: Bula Communication Technologies (Pty) Limited; Defendant: Dell Computer (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 March 2014
Case Number
22431/2013
Procedural Posture
Civil Procedure / Exception Hearing on Particulars of Claim
Outcome
Exceptions to claim A upheld; plaintiff granted leave to amend particulars of claim; defendant awarded costs including costs of two counsel.
Judges
Mayat
Legal Topics
Repudiation of Contract, Damages Quantification, Pleading Particularity, Exception Procedure
Commercial and Corporate Civil Procedure Repudiation of Contract Damages Quantification Pleading Particularity Exception Procedure

Case Brief

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Parties

Bula Communication Technologies (Pty) Limited

Plaintiff

Dell Computer (Pty) Limited

Defendant

Procedural Posture

Civil Procedure / Exception Hearing on Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose sufficient particularity to sustain a cause of action for damages based on repudiation of contract.
  2. 2 Whether the quantification of damages in claim A is supported by the pleaded facts and annexures.
  3. 3 Whether claim B for commission is adequately pleaded and autonomous from claim A.

Ratio Decidendi

The court found that the plaintiff's particulars of claim in respect of claim A were excipiable, as they failed to plead with sufficient particularity the actual sales invoiced and instead relied on projected figures and periods not supported by the business relationship agreement's termination provisions. The quantification of damages was incongruent with the pleaded facts, rendering the claim vague and embarrassing. The court upheld the exceptions to claim A and set aside those averments, granting the plaintiff leave to amend. In contrast, claim B for commission was found to be adequately pleaded and could stand independently. The defendant was substantially successful and awarded...

Court Disposition

Exceptions to claim A upheld; plaintiff granted leave to amend particulars of claim; defendant awarded costs including costs of two counsel.

Orders

  • The exceptions relating to claim A in the particulars of claim are upheld, and the averments in the plaintiff's particulars of claim in this respect are set aside.
  • The plaintiff is granted leave to deliver amended particulars of claim within 20 court days from the date hereof.