Du Bois N.O and Others v Wallis and Another (2017/63061) [2019] ZAGPPHC 395 (16 August 2019)

Du Bois N.O and Others v Wallis and Another (2017/63061) [2019] ZAGPPHC 395 (16 August 2019)

The court found that the plaintiffs' particulars of claim were vague and embarrassing, as the agreement relied upon was unsigned and there was no clear allegation of acceptance or binding effect. The contradictions in the payment obligations and the lack of clarity regarding ownership of equipment rendered the pleadings ambiguous. The plaintiffs conceded that the annexed agreement was incorrect and did not oppose the exceptions. The court held that the defendants were materially prejudiced and unable to plead to the claim, and therefore upheld the exception.

Citation
[2019] ZAGPPHC 395
Parties
Plaintiff: Laurika Louis Du Bois N.O.; Plaintiff: Johannes Petrus Du Bois N.O.; Plaintiff: Daniel Francois Du Bois N.O.; Defendant: Theo Wallis; Defendant: Mariet Wallis
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 August 2019
Case Number
2017/63061
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception upheld; plaintiffs ordered to amend particulars of claim and pay costs.
Judges
Mokose
Legal Topics
Exception to Particulars of Claim, Vagueness and Embarrassment, Cause of Action, Contractual Repudiation
Civil Procedure Commercial and Corporate Exception to Particulars of Claim Vagueness and Embarrassment Cause of Action Contractual Repudiation

Case Brief

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Parties

Laurika Louis Du Bois N.O.

Plaintiff

Johannes Petrus Du Bois N.O.

Plaintiff

Daniel Francois Du Bois N.O.

Plaintiff

Theo Wallis

Defendant

Mariet Wallis

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs' particulars of claim are vague and embarrassing to the extent that the defendants cannot plead thereto.
  2. 2 Whether the particulars of claim disclose a valid cause of action.
  3. 3 Whether the alleged agreement was concluded and binding between the parties.

Ratio Decidendi

The court found that the plaintiffs' particulars of claim were vague and embarrassing, as the agreement relied upon was unsigned and there was no clear allegation of acceptance or binding effect. The contradictions in the payment obligations and the lack of clarity regarding ownership of equipment rendered the pleadings ambiguous. The plaintiffs conceded that the annexed agreement was incorrect and did not oppose the exceptions. The court held that the defendants were materially prejudiced and unable to plead to the claim, and therefore upheld the exception.

Court Disposition

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

Orders

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