Kagisano Molopo Local Municipality and Another v SNPRP Security Services CC (182/2023) [2024] ZANWHC 196 (22 July 2024)

Kagisano Molopo Local Municipality and Another v SNPRP Security Services CC (182/2023) [2024] ZANWHC 196 (22 July 2024)

The court found that the particulars of claim, read as a whole, disclose a cause of action and are not vague and embarrassing. The alleged mutually destructive contract terms do not render the claim defective, as the contract and its extension are sufficiently pleaded for the purposes of exception. The quantification of the claim is adequately set out by reference to the monthly amount stipulated in the contract. Compliance with section 116(3) of the MFMA and the administration notice are matters for evidence and discovery, not for pleadings. The excipients failed to demonstrate that the particulars of claim are vague, embarrassing, or lack a cause of action. Accordingly, all grounds of...

Citation
[2024] ZANWHC 196
Parties
Applicant: Kagisano Molopo Local Municipality; Applicant: Sello Maroga NO; Respondent: SNPRP Security Services CC
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
22 July 2024
Case Number
182/2023
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
FMM Reid
Legal Topics
Exception to Pleadings, Security Services Contract, Municipal Finance Management Act, Quantification of Claim, Vague and Embarrassing Pleading
Civil Procedure Commercial and Corporate Exception to Pleadings Security Services Contract Municipal Finance Management Act Quantification of Claim Vague and Embarrassing Pleading

Case Brief

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Parties

Kagisano Molopo Local Municipality

Applicant

Sello Maroga NO

Applicant

SNPRP Security Services CC

Respondent

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the particulars of claim disclose a cause of action.
  2. 2 Whether the particulars of claim are vague and embarrassing due to mutually destructive contract terms.
  3. 3 Whether the quantification of the claim is adequately pleaded.

Ratio Decidendi

The court found that the particulars of claim, read as a whole, disclose a cause of action and are not vague and embarrassing. The alleged mutually destructive contract terms do not render the claim defective, as the contract and its extension are sufficiently pleaded for the purposes of exception. The quantification of the claim is adequately set out by reference to the monthly amount stipulated in the contract. Compliance with section 116(3) of the MFMA and the administration notice are matters for evidence and discovery, not for pleadings. The excipients failed to demonstrate that the particulars of claim are vague, embarrassing, or lack a cause of action. Accordingly, all grounds of...

Court Disposition

Exception dismissed with costs.

Orders

  • The exceptions are dismissed with cost.