Moeketse v Dikwena Chrome (Pty) Ltd t/a Samancor (009557/2023) [2023] ZAGPJHC 1229 (27 October 2023)

Moeketse v Dikwena Chrome (Pty) Ltd t/a Samancor (009557/2023) [2023] ZAGPJHC 1229 (27 October 2023)

The court found that the paragraphs in the defendant's plea, even if lacking in particularity, did not strike at the root of the defence and were sufficiently responsive to the particulars of claim. The alleged lack of detail did not prejudice the applicant's ability to plead further, nor did it justify an exception or a strike out application under Rule 30. The application was therefore ill-conceived and without merit.

Citation
[2023] ZAGPJHC 1229
Parties
Applicant: Offentse Moeketse; Respondent: Dikwena Chrome (Pty) Ltd t/a Samancor
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 October 2023
Case Number
009557/2023
Procedural Posture
Strike Out Application / Application to Strike Out Paragraphs in Defendant's Plea
Outcome
Application dismissed with costs.
Judges
Johann Gautschi AJ
Legal Topics
Pleading Requirements, Exception to Plea, Strike Out Application, Unfair Labour Practice, Damages for Emotional Distress
Civil Procedure Labour Law Pleading Requirements Exception to Plea Strike Out Application Unfair Labour Practice Damages for Emotional Distress

Case Brief

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Parties

Offentse Moeketse

Applicant

Dikwena Chrome (Pty) Ltd t/a Samancor

Respondent

Procedural Posture

Strike Out Application / Application to Strike Out Paragraphs in Defendant's Plea

Legal Issues

  1. 1 Whether the two paragraphs in the defendant's plea are vague and embarrassing and should be struck out.
  2. 2 Whether the lack of particularity in the defendant's plea justifies an exception or a strike out application under Rule 30.

Ratio Decidendi

The court found that the paragraphs in the defendant's plea, even if lacking in particularity, did not strike at the root of the defence and were sufficiently responsive to the particulars of claim. The alleged lack of detail did not prejudice the applicant's ability to plead further, nor did it justify an exception or a strike out application under Rule 30. The application was therefore ill-conceived and without merit.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.