Lichtenburg Graan Trustrees (Edms) Bpk v Faul N.O and Others (716/2003) [2004] ZANWHC 16 (22 July 2004)

Lichtenburg Graan Trustrees (Edms) Bpk v Faul N.O and Others (716/2003) [2004] ZANWHC 16 (22 July 2004)

The court found that the defendants' plea was vague and embarrassing due to contradictory allegations regarding the receipt of value for the cheque and the sufficiency of grain delivered. The plea failed to clarify whether any value was received or whether the value received was insufficient, and the alternative...

Source-derived case information.

Citation
[2004] ZANWHC 16
Parties
Plaintiff: Lichtenburg Graan Trustrees (Edms) Bpk; Defendant: W.S. Faul N.O.; Defendant: Thaba Pephu Trust (Trustees)
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Case Number
716/2003
Procedural Posture
Civil Procedure / Exception to Plea; Interlocutory Application
Outcome
Exception upheld; paragraphs 7 and 14 of the defendants' plea struck out; leave granted to amend within 20 days; defendants ordered to pay costs of the exception.
Judges
R.D. Hendricks
Legal Topics
Exception to Pleading, Vague and Embarrassing Pleading, Contractual Performance, Payment on Cheque
Civil Procedure Commercial and Corporate Exception to Pleading Vague and Embarrassing Pleading Contractual Performance Payment on Cheque

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lichtenburg Graan Trustrees (Edms) Bpk

Plaintiff

W.S. Faul N.O.

Defendant

Thaba Pephu Trust (Trustees)

Defendant

Procedural Posture

Civil Procedure / Exception to Plea; Interlocutory Application

  1. 1 Whether the defendants' plea is vague and embarrassing to the extent that it is excipiable.
  2. 2 Whether the alternative defence in paragraph 14 of the plea discloses a valid defence.
  3. 3 Whether contradictory allegations in the plea justify the upholding of the exception.

Ratio Decidendi

The court found that the defendants' plea was vague and embarrassing due to contradictory allegations regarding the receipt of value for the cheque and the sufficiency of grain delivered. The plea failed to clarify whether any value was received or whether the value received was insufficient, and the alternative defence did not disclose a valid defence to the claim for payment for grain actually delivered. The court held that the defect in the plea was apparent from the pleading itself and that reference to affidavits was impermissible. Accordingly, the exception was upheld, and paragraphs 7 and 14 of the defendants' plea were struck out. The defendants were granted leave to amend their...

Court Disposition

Exception upheld; paragraphs 7 and 14 of the defendants' plea struck out; leave granted to amend within 20 days; defendants ordered to pay costs of the exception.

Orders

  • The exception is upheld and paragraphs 7 and 14 of the defendants' plea are struck out.
  • Leave is granted to the defendants to amend their plea within 20 days of this order.