Hoking and Others v Attorney Fidelity Fund Board of Control; Voysey and Others v Attorney Fidelity Fund Board of Control (19/03) [2004] ZAECHC 49 (2 September 2004)

Hoking and Others v Attorney Fidelity Fund Board of Control; Voysey and Others v Attorney Fidelity Fund Board of Control (19/03) [2004] ZAECHC 49 (2 September 2004)

The court found that the plaintiffs' replication was vague and embarrassing, containing contradictory statements, references to unidentified parties, and conclusions of law without supporting material facts. The replication failed to comply with Rule 18(4) by not providing sufficient particularity, making it impossible for the defendant to respond adequately. The constitutional challenge was inadequately pleaded, as it did not set out the factual or legal basis for the alleged invalidity. The enrichment claim was unsupported by material facts and referred to parties not before the court. The replication introduced new causes of action and widened the scope of the action beyond the...

Citation
[2004] ZAECHC 49
Parties
Plaintiff: Thomas Reginald Chowles Hosking; Plaintiff: Robert Lawrence Reynolds; Plaintiff: Michael George Randell; Plaintiff: Nicolaas Jacobus Kruger; Plaintiff: Rudolph Eric Thomas Hosking; Plaintiff: Paul Michael Hosking; Plaintiff: William Henry Voysey; Plaintiff: Colleen Voysey; Plaintiff: Frederick Stemmett; Defendant: Attorneys Fidelity Fund Board of Control
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
2 September 2004
Case Number
19/03
Procedural Posture
Civil Procedure / Exception and Application to Strike Out Replication Under Rule 30
Outcome
Exception upheld; replication set aside in its entirety as vague, embarrassing, and irregular.
Judges
D Chetty
Legal Topics
Pleading Requirements, Exception Vague and Embarrassing, Attorneys Act Liability, Constitutional Challenge, Unjust Enrichment
Civil Procedure Commercial and Corporate Pleading Requirements Exception Vague and Embarrassing Attorneys Act Liability Constitutional Challenge Unjust Enrichment

Case Brief

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Parties

Thomas Reginald Chowles Hosking

Plaintiff

Robert Lawrence Reynolds

Plaintiff

Michael George Randell

Plaintiff

Nicolaas Jacobus Kruger

Plaintiff

Rudolph Eric Thomas Hosking

Plaintiff

Paul Michael Hosking

Plaintiff

William Henry Voysey

Plaintiff

Colleen Voysey

Plaintiff

Frederick Stemmett

Plaintiff

Attorneys Fidelity Fund Board of Control

Defendant

Procedural Posture

Civil Procedure / Exception and Application to Strike Out Replication Under Rule 30

Legal Issues

  1. 1 Whether the plaintiffs' replication is vague and embarrassing and constitutes an irregular proceeding under Rule 30.
  2. 2 Whether the replication introduces new causes of action or departs from the particulars of claim.
  3. 3 Whether the constitutional challenge to sections 47(1)(g), 47A, and 47(4)-(5) of the Attorneys Act is properly pleaded.

Ratio Decidendi

The court found that the plaintiffs' replication was vague and embarrassing, containing contradictory statements, references to unidentified parties, and conclusions of law without supporting material facts. The replication failed to comply with Rule 18(4) by not providing sufficient particularity, making it impossible for the defendant to respond adequately. The constitutional challenge was inadequately pleaded, as it did not set out the factual or legal basis for the alleged invalidity. The enrichment claim was unsupported by material facts and referred to parties not before the court. The replication introduced new causes of action and widened the scope of the action beyond the...

Court Disposition

Exception upheld; replication set aside in its entirety as vague, embarrassing, and irregular.

Orders

  • The exception is upheld and the replication set aside in its entirety.
  • The replication constitutes an irregular step in terms of Rule 30(1) and is set aside in its entirety.