Mokgatle and Another v Toyota SA Motors Proprietary Limited and Another (31583/2018) [2019] ZAGPJHC 133 (3 May 2019)

Mokgatle and Another v Toyota SA Motors Proprietary Limited and Another (31583/2018) [2019] ZAGPJHC 133 (3 May 2019)

The court found that the plaintiffs' particulars of claim were vague and embarrassing in several respects. The use of the term 'retainer' was ambiguous and not clearly linked to the contractual obligations, rendering the claim for damages unclear. The allegations regarding publication of defamatory content lacked sufficient particularity, failing to specify what was published, to whom, and how. Reference to section 10(1) of the Equality Act was surplusage and did not provide an appropriate test for wrongfulness, which is determined by public and legal policy considerations as articulated in constitutional jurisprudence. The damages claimed were not adequately particularized, with...

Citation
[2019] ZAGPJHC 133
Parties
Plaintiff: Thapelo Petrus Mokgatle; Plaintiff: Molapo Industries Proprietary Limited; Defendant: Toyota SA Motors Proprietary Limited; Defendant: Suben Moodley
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 May 2019
Case Number
31583/2018
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception upheld; plaintiffs granted leave to amend particulars of claim within one month; costs awarded to defendants including costs of senior and junior counsel.
Judges
C G Lamont
Legal Topics
Exception to Particulars of Claim, Defamation, Repudiation of Contract, Vagueness and Embarrassment, Wrongfulness Test, Damages Calculation
Civil Procedure Delict Commercial and Corporate Exception to Particulars of Claim Defamation Repudiation of Contract Vagueness and Embarrassment Wrongfulness Test +1 more

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Parties

Thapelo Petrus Mokgatle

Plaintiff

Molapo Industries Proprietary Limited

Plaintiff

Toyota SA Motors Proprietary Limited

Defendant

Suben Moodley

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs' particulars of claim are vague and embarrassing and excipiable on the grounds raised by the defendants.
  2. 2 Whether the use of the term 'retainer' in the context of the contract creates ambiguity affecting the claim for damages.
  3. 3 Whether the allegations of publication of defamatory content are sufficiently particularized to sustain a claim for defamation.

Ratio Decidendi

The court found that the plaintiffs' particulars of claim were vague and embarrassing in several respects. The use of the term 'retainer' was ambiguous and not clearly linked to the contractual obligations, rendering the claim for damages unclear. The allegations regarding publication of defamatory content lacked sufficient particularity, failing to specify what was published, to whom, and how. Reference to section 10(1) of the Equality Act was surplusage and did not provide an appropriate test for wrongfulness, which is determined by public and legal policy considerations as articulated in constitutional jurisprudence. The damages claimed were not adequately particularized, with...

Court Disposition

Exception upheld; plaintiffs granted leave to amend particulars of claim within one month; costs awarded to defendants including costs of senior and junior counsel.

Orders

  • The defendants' exception to the plaintiffs' particulars of claim is upheld.
  • The plaintiffs are afforded a period of one month from the date of judgment to deliver a notice of amendment to the particulars of claim.