Jacobs and Others v Companie Francais D'Assurance Pour Le Commerce Ex Terieur and Another (042730/2022) [2023] ZAGPPHC 2019 (11 December 2023)

Jacobs and Others v Companie Francais D'Assurance Pour Le Commerce Ex Terieur and Another (042730/2022) [2023] ZAGPPHC 2019 (11 December 2023)

The court found that the particulars of claim were vague and embarrassing, failing to specify the basis for joint payment by three distinct entities and lacking details regarding the payment itself. The causal link between alleged misrepresentations and payments was not properly pleaded, and the basis for personal liability of the second excipient as agent or representative was absent. The respondents did not allege the necessary elements for a claim based on negligent misrepresentation. These deficiencies prejudiced the excipients' ability to plead and respond effectively. Accordingly, the exceptions were upheld, the particulars of claim were set aside, and the respondents were granted...

Citation
[2023] ZAGPPHC 2019
Parties
Respondent: Jacobs Capital (Pty) Ltd; Respondent: Old Texile Company (Pty) Ltd; Respondent: GCF Holdings (Pty) Ltd; Applicant: Companie Francais D'Assurace Pour Le Commerce Exterieur; Applicant: Gerrit Coetzee Inc
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 December 2023
Case Number
042730/2022
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exceptions upheld; particulars of claim set aside; leave to amend granted; costs awarded against respondents.
Judges
R G Tolmay
Legal Topics
Vague and Embarrassing Pleading, Exception Procedure, Cause of Action Requirements, Misrepresentation, Agency Liability
Civil Procedure Vague and Embarrassing Pleading Exception Procedure Cause of Action Requirements Misrepresentation Agency Liability

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Parties

Jacobs Capital (Pty) Ltd

Respondent

Old Texile Company (Pty) Ltd

Respondent

GCF Holdings (Pty) Ltd

Respondent

Companie Francais D'Assurace Pour Le Commerce Exterieur

Applicant

Gerrit Coetzee Inc

Applicant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the particulars of claim are vague and embarrassing to the extent that they prejudice the excipients.
  2. 2 Whether the particulars of claim lack necessary averments to sustain a cause of action against the excipients.
  3. 3 Whether the respondents have properly pleaded the basis for joint payment and locus standi.

Ratio Decidendi

The court found that the particulars of claim were vague and embarrassing, failing to specify the basis for joint payment by three distinct entities and lacking details regarding the payment itself. The causal link between alleged misrepresentations and payments was not properly pleaded, and the basis for personal liability of the second excipient as agent or representative was absent. The respondents did not allege the necessary elements for a claim based on negligent misrepresentation. These deficiencies prejudiced the excipients' ability to plead and respond effectively. Accordingly, the exceptions were upheld, the particulars of claim were set aside, and the respondents were granted...

Court Disposition

Exceptions upheld; particulars of claim set aside; leave to amend granted; costs awarded against respondents.

Orders

  • The first and second excipients' exceptions are upheld.
  • The respondents' particulars of claim dated 1 November 2022 are set aside.