Macsteel Trading Welkom v Hattingh (2710/2020) [2021] ZAFSHC 173; 2022 (2) SACR 511 (FB) (3 August 2021)

Macsteel Trading Welkom v Hattingh (2710/2020) [2021] ZAFSHC 173; 2022 (2) SACR 511 (FB) (3 August 2021)

The court found that the plaintiff's particulars of claim sufficiently set out the basis for the claim, namely the sale and delivery of goods to the principal debtor, compliance with contractual obligations, and the failure of the principal debtor to pay the invoiced amounts. The agreement makes clear that each order is a separate transaction and that the purchase price is as set out in the invoices and statements. The absence of a specific description of goods and price in the particulars of claim does not render the contract invalid, as these can be proved by evidence. The exception was therefore not upheld, as the particulars of claim disclose a cause of action.

Citation
[2021] ZAFSHC 173
Parties
Plaintiff: Macsteel Service Centres SA (Pty) Ltd t/a Macsteel Trading Welkom; Defendant: Daniel Johagem Jacobus Hattingh
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 August 2021
Case Number
2710/2020
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
M Voges
Legal Topics
Exception to Pleading, Contract of Sale, Suretyship, Cause of Action Requirements
Civil Procedure Commercial and Corporate Exception to Pleading Contract of Sale Suretyship Cause of Action Requirements

Case Brief

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Parties

Macsteel Service Centres SA (Pty) Ltd t/a Macsteel Trading Welkom

Plaintiff

Daniel Johagem Jacobus Hattingh

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose the necessary averments to sustain a cause of action for payment under a contract of sale and suretyship.
  2. 2 Whether the absence of a description of goods and agreed price renders the contract invalid and the claim excipiable.

Ratio Decidendi

The court found that the plaintiff's particulars of claim sufficiently set out the basis for the claim, namely the sale and delivery of goods to the principal debtor, compliance with contractual obligations, and the failure of the principal debtor to pay the invoiced amounts. The agreement makes clear that each order is a separate transaction and that the purchase price is as set out in the invoices and statements. The absence of a specific description of goods and price in the particulars of claim does not render the contract invalid, as these can be proved by evidence. The exception was therefore not upheld, as the particulars of claim disclose a cause of action.

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.