East London Sprinkler Installations t/a Fire Sprinkler Installations v Radon Projects Installations (Pty) Ltd (EL: 1217/12, ECD: 2917/12) [2014] ZAECELLC 9 (30 September 2014)

East London Sprinkler Installations t/a Fire Sprinkler Installations v Radon Projects Installations (Pty) Ltd (EL: 1217/12, ECD: 2917/12) [2014] ZAECELLC 9 (30 September 2014)

The court found that the defendant's exception was factually incorrect, misleading, and based on a superficial reading of the particulars of claim. The plaintiff had set out in detail the particulars of the relevant payment certificates and annexed them to the summons, satisfying the requirements for pleading. The additional facts demanded by the defendant were not required as they did not form part of the facta probanda. The exception did not go to the root of the case and did not cause serious prejudice to the defendant. The court concluded that the exception was mala fide and intended solely to delay the plaintiff's claim. Accordingly, the exception was dismissed with costs on the...

Citation
[2014] ZAECELLC 9
Parties
Plaintiff: East London Sprinkler Installations t/a Fire Sprinkler Installations; Defendant: Radon Projects Installations (Pty) Ltd
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
30 September 2014
Case Number
EL: 1217/12, ECD: 2917/12
Procedural Posture
Civil Procedure / Exception to Amended Particulars of Claim
Outcome
Defendant's exception dismissed with costs on the attorney and own client scale.
Judges
J.E Smith
Legal Topics
Exception Procedure, Payment Certificates, Jbcc Contract, Vague and Embarrassing Pleading
Civil Procedure Commercial and Corporate Exception Procedure Payment Certificates Jbcc Contract Vague and Embarrassing Pleading

Case Brief

Summary, issues, holding and outcome

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Parties

East London Sprinkler Installations t/a Fire Sprinkler Installations

Plaintiff

Radon Projects Installations (Pty) Ltd

Defendant

Procedural Posture

Civil Procedure / Exception to Amended Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's amended particulars of claim disclose a cause of action.
  2. 2 Whether the particulars of claim are vague and embarrassing due to alleged deficiencies regarding payment certificates.
  3. 3 Whether the defendant is prejudiced by the alleged vagueness.

Ratio Decidendi

The court found that the defendant's exception was factually incorrect, misleading, and based on a superficial reading of the particulars of claim. The plaintiff had set out in detail the particulars of the relevant payment certificates and annexed them to the summons, satisfying the requirements for pleading. The additional facts demanded by the defendant were not required as they did not form part of the facta probanda. The exception did not go to the root of the case and did not cause serious prejudice to the defendant. The court concluded that the exception was mala fide and intended solely to delay the plaintiff's claim. Accordingly, the exception was dismissed with costs on the...

Court Disposition

Defendant's exception dismissed with costs on the attorney and own client scale.

Orders

  • The defendant's exception is dismissed.
  • The defendant is ordered to pay the costs of the exception on the attorney and own client scale.