J.B.R Building Construction (Pty) Ltd v Royal Bafokeng Administration (446/2000) [2001] ZANWHC 1 (18 January 2001)

J.B.R Building Construction (Pty) Ltd v Royal Bafokeng Administration (446/2000) [2001] ZANWHC 1 (18 January 2001)

The court held that the particulars of claim, though poorly drafted, do disclose a cause of action for the second and third claims. The exception was upheld only in respect of the R8 500.00 claim for hired equipment, as there was no factual basis linking this claim to the contract. The second claim for payment for services rendered and the third claim for breach of contract were found to have sufficient allegations to sustain an action, subject to amendment for greater particularity. The plaintiff was granted leave to amend its summons and particulars of claim within 15 days. No costs order was made, as both parties achieved partial success.

Citation
[2001] ZANWHC 1
Parties
Plaintiff: J.B.R Building Construction (Pty) Ltd; Defendant: Royal Bafokeng Administration
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
18 January 2001
Case Number
446/2000
Procedural Posture
Exception Application / Judgment on Exception
Outcome
Exception upheld in respect of the R8 500.00 claim and struck out; exception dismissed for the remaining claims; plaintiff granted leave to amend within 15 days; each party to pay its own costs.
Judges
M.T.R. Mogoeng
Legal Topics
Exception to Pleadings, Breach of Contract, Payment for Services Rendered, Locus Standi, Vagueness and Embarrassment
Civil Procedure Commercial and Corporate Exception to Pleadings Breach of Contract Payment for Services Rendered Locus Standi Vagueness and Embarrassment

Case Brief

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Parties

J.B.R Building Construction (Pty) Ltd

Plaintiff

Royal Bafokeng Administration

Defendant

Procedural Posture

Exception Application / Judgment on Exception

Legal Issues

  1. 1 Does the plaintiff's summons disclose a cause of action sufficient to sustain the claims?
  2. 2 Is the defendant's exception on the grounds of locus standi, juristic person representation, payment terms, breach, nexus, and the R8 500.00 claim valid?
  3. 3 Should the plaintiff be granted leave to amend its particulars of claim?

Ratio Decidendi

The court held that the particulars of claim, though poorly drafted, do disclose a cause of action for the second and third claims. The exception was upheld only in respect of the R8 500.00 claim for hired equipment, as there was no factual basis linking this claim to the contract. The second claim for payment for services rendered and the third claim for breach of contract were found to have sufficient allegations to sustain an action, subject to amendment for greater particularity. The plaintiff was granted leave to amend its summons and particulars of claim within 15 days. No costs order was made, as both parties achieved partial success.

Court Disposition

Exception upheld in respect of the R8 500.00 claim and struck out; exception dismissed for the remaining claims; plaintiff granted leave to amend within 15 days; each party to pay its own costs.

Orders

  • The exception is upheld in respect of the claim for R8 500.00 and this claim is struck out.
  • The exception is dismissed in respect of the remaining claims.