Gainsford NO and Others v Sasol Chemical Industries (Pty) Limited (24803/2015) [2017] ZAGPJHC 333 (5 August 2017)

Gainsford NO and Others v Sasol Chemical Industries (Pty) Limited (24803/2015) [2017] ZAGPJHC 333 (5 August 2017)

The court found that the plaintiffs' particulars of claim failed to allege any breach of contract or specify the contractual terms not performed by Sasol. The claim for damages was not supported by averments of compliance with contractual preconditions for price extras, concessions, or amendments, nor was there pleading of fraudulent or unconscionable conduct by Sasol that would prevent reliance on non-variation clauses. The particulars of claim were contradictory, vague, and embarrassing, and did not sustain a cause of action. Accordingly, the exception was upheld and the particulars of claim were set aside, with leave granted to amend.

Citation
[2017] ZAGPJHC 333
Parties
Plaintiff: Gavin Cecil Gainsford N.O.; Plaintiff: Tshepo Harry Nonyane N.O.; Plaintiff: Ebrahim Asvat N.O.; Plaintiff: Stainless Fabricators (Pty) Limited (in liquidation); Defendant: Sasol Chemical Industries (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 August 2017
Case Number
24803/2015
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception upheld; particulars of claim set aside; leave to amend granted.
Judges
P.A. Meyer
Legal Topics
Exception to Pleadings, Vagueness and Embarrassment, Contractual Damages, Non Variation Clause, Specific Performance
Civil Procedure Commercial and Corporate Exception to Pleadings Vagueness and Embarrassment Contractual Damages Non Variation Clause Specific Performance

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Parties

Gavin Cecil Gainsford N.O.

Plaintiff

Tshepo Harry Nonyane N.O.

Plaintiff

Ebrahim Asvat N.O.

Plaintiff

Stainless Fabricators (Pty) Limited (in liquidation)

Plaintiff

Sasol Chemical Industries (Pty) Limited

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the particulars of claim disclose averments necessary to sustain a cause of action.
  2. 2 Whether the particulars of claim are vague and embarrassing to the extent of being excipiable.
  3. 3 Whether the plaintiffs have pleaded sufficient facts to support a claim for damages or specific performance under the contract.

Ratio Decidendi

The court found that the plaintiffs' particulars of claim failed to allege any breach of contract or specify the contractual terms not performed by Sasol. The claim for damages was not supported by averments of compliance with contractual preconditions for price extras, concessions, or amendments, nor was there pleading of fraudulent or unconscionable conduct by Sasol that would prevent reliance on non-variation clauses. The particulars of claim were contradictory, vague, and embarrassing, and did not sustain a cause of action. Accordingly, the exception was upheld and the particulars of claim were set aside, with leave granted to amend.

Court Disposition

Exception upheld; particulars of claim set aside; leave to amend granted.

Orders

  • The exception is upheld with costs, including the costs of two counsel.
  • The plaintiffs' particulars of claim are set aside.