JSS Industrial Coatings CC v Inyatsi Construction (South Africa) (Pty) Ltd (2013/9610) [2013] ZAGPJHC 209 (16 August 2013)

JSS Industrial Coatings CC v Inyatsi Construction (South Africa) (Pty) Ltd (2013/9610) [2013] ZAGPJHC 209 (16 August 2013)

The court found that the Plaintiff's proposed amendments to its particulars of claim comply with Rule 18(6) by setting out the material facts necessary to establish the existence of the contract, including the nature of the contract, the parties involved, and the relevant documents. The Defendant's objections regarding the failure to plead certain facts or attach all referenced documents were rejected, as only facta probanda must be pleaded and only the contractual documents relied upon need to be attached. The court held that disputes regarding the existence or validity of the contract are matters for trial and not grounds for refusing the amendment. The amendments were made in good...

Citation
[2013] ZAGPJHC 209
Parties
Plaintiff: JSS Industrial Coatings CC; Defendant: Inyatsi Construction (South Africa) (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 August 2013
Case Number
2013/9610
Procedural Posture
Amendment Application / Application to Amend Particulars of Claim Under Rule 28(4)
Outcome
Plaintiff's application to amend particulars of claim is granted; Defendant to pay costs.
Judges
Modiba AJ
Legal Topics
Amendment of Pleadings, Breach of Contract, Rule 18 Compliance, Exception and Objection, Facta Probanda Vs Facta Probantia
Civil Procedure Commercial and Corporate Amendment of Pleadings Breach of Contract Rule 18 Compliance Exception and Objection Facta Probanda Vs Facta Probantia

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

JSS Industrial Coatings CC

Plaintiff

Inyatsi Construction (South Africa) (Pty) Ltd

Defendant

Procedural Posture

Amendment Application / Application to Amend Particulars of Claim Under Rule 28(4)

Legal Issues

  1. 1 Whether the Plaintiff's proposed amendments to its particulars of claim comply with Rule 18(6).
  2. 2 Whether the Defendant's objections render the amended particulars vague, embarrassing, or excipiable.
  3. 3 Whether the Plaintiff is required to plead facta probantia or only facta probanda.

Ratio Decidendi

The court found that the Plaintiff's proposed amendments to its particulars of claim comply with Rule 18(6) by setting out the material facts necessary to establish the existence of the contract, including the nature of the contract, the parties involved, and the relevant documents. The Defendant's objections regarding the failure to plead certain facts or attach all referenced documents were rejected, as only facta probanda must be pleaded and only the contractual documents relied upon need to be attached. The court held that disputes regarding the existence or validity of the contract are matters for trial and not grounds for refusing the amendment. The amendments were made in good...

Court Disposition

Plaintiff's application to amend particulars of claim is granted; Defendant to pay costs.

Orders

  • The Plaintiff is granted leave to amend its particulars of claim dated 14 March 2013 as set out in the Plaintiff's Rule 28 Notice of Intention to Amend dated 3 July 2013.
  • The Defendant is ordered to pay the costs of this Application.