Maboni Projects (Pty) Ltd v Motheo Construction Group and Another (2023/023364) [2025] ZAGPPHC 498 (16 May 2025)

Maboni Projects (Pty) Ltd v Motheo Construction Group and Another (2023/023364) [2025] ZAGPPHC 498 (16 May 2025)

The court found that all the complaints raised by the first defendant in its notice of exception were valid. The plaintiff's particulars of claim were so vague and embarrassing that, if allowed to stand, they would make it impossible for a trial court to recognise the claim, regardless of the facts that might emerge at trial. The purpose of pleadings is to distil the dispute, and the plaintiff's particulars failed to meet this requirement. Accordingly, the exception was upheld, and the particulars of claim were struck out.

Citation
[2025] ZAGPPHC 498
Parties
Plaintiff: Maboni Projects (Pty) Ltd; Defendant: Motheo Construction Group; Defendant: Koert Menziwa Ceiling and Partition (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 May 2025
Case Number
2023/023364
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception upheld; particulars of claim struck out with costs.
Judges
H F Jacobs
Legal Topics
Exception to Pleadings, Vague and Embarrassing Pleading, Rule 30 Application
Civil Procedure Exception to Pleadings Vague and Embarrassing Pleading Rule 30 Application

Case Brief

Summary, issues, holding and outcome

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Parties

Maboni Projects (Pty) Ltd

Plaintiff

Motheo Construction Group

Defendant

Koert Menziwa Ceiling and Partition (Pty) Ltd

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim are vague and embarrassing and thus excipiable.
  2. 2 Whether the particulars of claim comply with the rules of court regarding pleadings.
  3. 3 Whether the exception should be upheld and the particulars of claim struck out.

Ratio Decidendi

The court found that all the complaints raised by the first defendant in its notice of exception were valid. The plaintiff's particulars of claim were so vague and embarrassing that, if allowed to stand, they would make it impossible for a trial court to recognise the claim, regardless of the facts that might emerge at trial. The purpose of pleadings is to distil the dispute, and the plaintiff's particulars failed to meet this requirement. Accordingly, the exception was upheld, and the particulars of claim were struck out.

Court Disposition

Exception upheld; particulars of claim struck out with costs.

Orders

  • The exception is upheld with costs and the particulars of claim is struck out.
  • The plaintiff is afforded 30 days from the date of this order to deliver amended particulars of claim, if so advised.