Glencarol (Pty) Limited and Others v Emerald Risk Transfer Limited and Others (2014/40878) [2015] ZAGPJHC 246 (27 October 2015)

Glencarol (Pty) Limited and Others v Emerald Risk Transfer Limited and Others (2014/40878) [2015] ZAGPJHC 246 (27 October 2015)

The court held that the allegations of repudiation in the amended particulars of claim are irrelevant to the cause of action for specific performance. Even if a contradiction exists between the pleaded allegations and the attached email, such contradiction does not go to the root of the cause of action and does not prejudice the defendants in pleading. The test for excipiability on the grounds of vagueness and embarrassment requires that the complaint must affect the whole cause of action and cause prejudice to the excipient. In this case, the defendants can plead to the offending paragraphs without suffering prejudice, and the allegations, if admitted, would not affect the outcome of the...

Citation
[2015] ZAGPJHC 246
Parties
Plaintiff: Glencarol (Pty) Limited; Plaintiff: O’Neils Iris International Sports Company Ltd; Plaintiff: Glenmar (Pty) Limited; Plaintiff: Aquarella Investments (Pty) Limited; Defendant: Emerald Risk Transfer Limited; Defendant: Santam Limited; Defendant: The Lion of Africa Limited; Defendant: Zurich Insurance Company SA Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 October 2015
Case Number
2014/40878
Procedural Posture
Civil Procedure / Exception to Amended Particulars of Claim (vague and Embarrassing)
Outcome
Exception dismissed with costs.
Judges
Opperman
Legal Topics
Exception Procedure, Pleading Requirements, Specific Performance, Repudiation of Contract, Vague and Embarrassing, Insurance Claims
Civil Procedure Commercial and Corporate Exception Procedure Pleading Requirements Specific Performance Repudiation of Contract Vague and Embarrassing Insurance Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Glencarol (Pty) Limited

Plaintiff

O’Neils Iris International Sports Company Ltd

Plaintiff

Glenmar (Pty) Limited

Plaintiff

Aquarella Investments (Pty) Limited

Plaintiff

Emerald Risk Transfer Limited

Defendant

Santam Limited

Defendant

The Lion of Africa Limited

Defendant

Zurich Insurance Company SA Ltd

Defendant

Procedural Posture

Civil Procedure / Exception to Amended Particulars of Claim (vague and Embarrassing)

Legal Issues

  1. 1 Whether the amended particulars of claim are vague and embarrassing due to contradiction between pleaded allegations and the attached email.
  2. 2 Whether the contradiction prejudices the defendants in pleading to the offending paragraphs.
  3. 3 Whether the allegations of repudiation are relevant to the cause of action for specific performance.

Ratio Decidendi

The court held that the allegations of repudiation in the amended particulars of claim are irrelevant to the cause of action for specific performance. Even if a contradiction exists between the pleaded allegations and the attached email, such contradiction does not go to the root of the cause of action and does not prejudice the defendants in pleading. The test for excipiability on the grounds of vagueness and embarrassment requires that the complaint must affect the whole cause of action and cause prejudice to the excipient. In this case, the defendants can plead to the offending paragraphs without suffering prejudice, and the allegations, if admitted, would not affect the outcome of the...

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.