Gxigxi v Mec for Health, Eastern Cape Provincial Government (664/2017) [2019] ZAECBHC 13 (19 June 2019)

Gxigxi v Mec for Health, Eastern Cape Provincial Government (664/2017) [2019] ZAECBHC 13 (19 June 2019)

The court held that while the particulars of claim are not perfect, the majority of the defendant's complaints do not render the pleading vague and embarrassing to the extent that it is excipiable. Background information and grammatical errors do not prejudice the defendant. However, the particulars of claim fail to allege a causal link between the defendant's alleged negligence and the damages suffered, which is a necessary averment to sustain a cause of action in delict. This omission causes embarrassment and prejudice to the defendant, as it cannot properly plead to the claim. The exception is upheld only to the extent of this defect, and the plaintiff is granted leave to amend the...

Citation
[2019] ZAECBHC 13
Parties
Plaintiff: Lindelwa Gxigxi; Defendant: MEC for Health, Eastern Cape Provincial Government
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
19 June 2019
Case Number
664/2017
Procedural Posture
Exception Application / Exception to Particulars of Claim; Interlocutory Stage
Outcome
Exception upheld in part; plaintiff granted leave to amend particulars of claim; costs awarded to defendant.
Judges
S M Mbenenge
Legal Topics
Vague and Embarrassing Pleading, Causal Link in Delict, Exception Procedure, Damages for Medical Negligence
Civil Procedure Delict Vague and Embarrassing Pleading Causal Link in Delict Exception Procedure Damages for Medical Negligence

Case Brief

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Parties

Lindelwa Gxigxi

Plaintiff

MEC for Health, Eastern Cape Provincial Government

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim; Interlocutory Stage

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim are vague and embarrassing to the extent that they prejudice the defendant.
  2. 2 Whether the particulars of claim adequately allege a causal link between the defendant's alleged negligence and the damages suffered.
  3. 3 Whether the inclusion of background and irrelevant information renders the pleading excipiable.

Ratio Decidendi

The court held that while the particulars of claim are not perfect, the majority of the defendant's complaints do not render the pleading vague and embarrassing to the extent that it is excipiable. Background information and grammatical errors do not prejudice the defendant. However, the particulars of claim fail to allege a causal link between the defendant's alleged negligence and the damages suffered, which is a necessary averment to sustain a cause of action in delict. This omission causes embarrassment and prejudice to the defendant, as it cannot properly plead to the claim. The exception is upheld only to the extent of this defect, and the plaintiff is granted leave to amend the...

Court Disposition

Exception upheld in part; plaintiff granted leave to amend particulars of claim; costs awarded to defendant.

Orders

  • The exception succeeds only insofar as the particulars of claim do not establish a causal link between the alleged negligence and the damages allegedly suffered.
  • The plaintiff is granted leave to amend the particulars of claim within 15 days from service of this order, failing which the defendant may apply for dismissal of the action.