Heraut Publiseerders (EDMS) Beperk v Louw (35115/2020) [2021] ZAGPJHC 764 (3 December 2021)

Heraut Publiseerders (EDMS) Beperk v Louw (35115/2020) [2021] ZAGPJHC 764 (3 December 2021)

The court found that none of the defendant's grounds of exception were sustainable. The allegations of fraud and theft, as pleaded by the plaintiff, were sufficient to disclose a cause of action. The particulars of claim, when read as a whole, implied ownership of the funds and adequately set out the quantum of damages. The alternative claim based on condictio furtiva was also sufficiently pleaded. The defendant's objections were overly technical and did not justify the exception. Accordingly, the exception was dismissed with costs awarded to the plaintiff.

Citation
[2021] ZAGPJHC 764
Parties
Plaintiff: Heraut Publiseerders (EDMS) Beperk; Defendant: Lowe, Anetta Jacoba
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 December 2021
Case Number
35115/2020
Procedural Posture
Exception Application / Exception to Amended Particulars of Claim
Outcome
Defendant's exception to the particulars of plaintiff's claim dismissed with costs.
Judges
L R Adams
Legal Topics
Exception Procedure, Vague and Embarrassing Pleading, Cause of Action, Fraud, Theft, Condictio Furtiva
Civil Procedure Delict Exception Procedure Vague and Embarrassing Pleading Cause of Action Fraud Theft Condictio Furtiva

Case Brief

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Parties

Heraut Publiseerders (EDMS) Beperk

Plaintiff

Lowe, Anetta Jacoba

Defendant

Procedural Posture

Exception Application / Exception to Amended Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's amended particulars of claim are vague and embarrassing.
  2. 2 Whether the particulars of claim disclose a cause of action for fraud and theft.
  3. 3 Whether the plaintiff sufficiently pleaded ownership and quantum of damages.

Ratio Decidendi

The court found that none of the defendant's grounds of exception were sustainable. The allegations of fraud and theft, as pleaded by the plaintiff, were sufficient to disclose a cause of action. The particulars of claim, when read as a whole, implied ownership of the funds and adequately set out the quantum of damages. The alternative claim based on condictio furtiva was also sufficiently pleaded. The defendant's objections were overly technical and did not justify the exception. Accordingly, the exception was dismissed with costs awarded to the plaintiff.

Court Disposition

Defendant's exception to the particulars of plaintiff's claim dismissed with costs.

Orders

  • The defendant’s exception to the particulars of plaintiff’s claim is dismissed with costs.