Grit Blasting Africa (Pty) Ltd v Tarman Holdings (Pty) Ltd (1551/2019) [2020] ZALMPPHC 49 (7 July 2020)

Grit Blasting Africa (Pty) Ltd v Tarman Holdings (Pty) Ltd (1551/2019) [2020] ZALMPPHC 49 (7 July 2020)

The court found that the plaintiff's particulars of claim lacked sufficient material facts regarding the alleged variation order. The particulars did not specify who acted for the parties, the scope and timing of the additional work, the agreed costs, or how the variation was incorporated into the agreement. The supporting documents, including the email and bill of quantities, were insufficient and some pages were blank. The absence of these particulars prejudiced the defendant and made it impossible to plead. The defects could not be cured by a request for further particulars. Accordingly, the exception was upheld, and the plaintiff was granted leave to amend its particulars of claim...

Citation
[2020] ZALMPPHC 49
Parties
Plaintiff: Grit Blasting Africa (Pty) Ltd; Defendant: Tarman Holdings (Pty) Ltd
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
7 July 2020
Case Number
1551/2019
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Defendant's exception upheld with costs. Plaintiff granted 15 days to amend particulars of claim.
Judges
MF Kganyago
Legal Topics
Exception Procedure, Pleading Requirements, Variation of Contract, Written Agreement
Civil Procedure Commercial and Corporate Exception Procedure Pleading Requirements Variation of Contract Written Agreement

Case Brief

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Parties

Grit Blasting Africa (Pty) Ltd

Plaintiff

Tarman Holdings (Pty) Ltd

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim are vague and embarrassing and fail to disclose a cause of action.
  2. 2 Whether the alleged variation order complies with the non-variation clause in the main agreement.
  3. 3 Whether the particulars of claim contain sufficient material facts to enable the defendant to plead.

Ratio Decidendi

The court found that the plaintiff's particulars of claim lacked sufficient material facts regarding the alleged variation order. The particulars did not specify who acted for the parties, the scope and timing of the additional work, the agreed costs, or how the variation was incorporated into the agreement. The supporting documents, including the email and bill of quantities, were insufficient and some pages were blank. The absence of these particulars prejudiced the defendant and made it impossible to plead. The defects could not be cured by a request for further particulars. Accordingly, the exception was upheld, and the plaintiff was granted leave to amend its particulars of claim...

Court Disposition

Defendant's exception upheld with costs. Plaintiff granted 15 days to amend particulars of claim.

Orders

  • The defendant's exception is upheld with costs.
  • The plaintiff is granted 15 days from the date of this order to amend its particulars of claim if it so wishes.