Ngonyama and Another v Bosasa Youth Development Centres (Pty) Ltd and Others (42437/2021) [2023] ZAGPJHC 545 (22 May 2023)

Ngonyama and Another v Bosasa Youth Development Centres (Pty) Ltd and Others (42437/2021) [2023] ZAGPJHC 545 (22 May 2023)

The court found that the plaintiffs failed to plead any facts establishing that the sixth defendant, as executor of Gavin Watson's estate, had authority or ability to effect the transfer of shares or payment of dividends from the first defendant. The particulars of claim were defective as they did not make a link between the sixth defendant and the relief sought. The absence of such allegations meant that no cause of action was disclosed against the sixth defendant. The exception was therefore upheld, and the claim against the sixth defendant was dismissed. Costs were awarded against the plaintiffs, as they could have amended their particulars of claim and avoided the costs of the...

Citation
[2023] ZAGPJHC 545
Parties
Plaintiff: Lulama Smuts Ngonyama; Plaintiff: Thundercats Investment 92 (Pty) Ltd; Defendant: Bosasa Youth Development Centres (Pty) Ltd; Defendant: Ralph Farrell Lutchman N.O.; Defendant: Cloete Murray N.O.; Defendant: Ofentse Andrew Nong N.O.; Defendant: Tshepo Harry Nonyane N.O.; Defendant: Jared Michael Watson N.O.; Defendant: Ntsimbintle Holdings (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 May 2023
Case Number
42437/2021
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception upheld; claim against sixth defendant dismissed with costs; leave to amend particulars of claim granted.
Judges
S Yacoob
Legal Topics
Exception to Particulars of Claim, Authority of Executor, Share Transfer, Liquidation Proceedings
Civil Procedure Commercial and Corporate Exception to Particulars of Claim Authority of Executor Share Transfer Liquidation Proceedings

Case Brief

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Parties

Lulama Smuts Ngonyama

Plaintiff

Thundercats Investment 92 (Pty) Ltd

Plaintiff

Bosasa Youth Development Centres (Pty) Ltd

Defendant

Ralph Farrell Lutchman N.O.

Defendant

Cloete Murray N.O.

Defendant

Ofentse Andrew Nong N.O.

Defendant

Tshepo Harry Nonyane N.O.

Defendant

Jared Michael Watson N.O.

Defendant

Ntsimbintle Holdings (Pty) Ltd

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the particulars of claim disclose a cause of action against the sixth defendant.
  2. 2 Whether the executor of the estate of Gavin Watson has authority to effect transfer of shares or payment of dividends from the first defendant.
  3. 3 Whether the plaintiffs have pleaded sufficient facts linking the sixth defendant to the relief sought.

Ratio Decidendi

The court found that the plaintiffs failed to plead any facts establishing that the sixth defendant, as executor of Gavin Watson's estate, had authority or ability to effect the transfer of shares or payment of dividends from the first defendant. The particulars of claim were defective as they did not make a link between the sixth defendant and the relief sought. The absence of such allegations meant that no cause of action was disclosed against the sixth defendant. The exception was therefore upheld, and the claim against the sixth defendant was dismissed. Costs were awarded against the plaintiffs, as they could have amended their particulars of claim and avoided the costs of the...

Court Disposition

Exception upheld; claim against sixth defendant dismissed with costs; leave to amend particulars of claim granted.

Orders

  • The exception is upheld with costs to be paid by the plaintiffs, jointly and severally.
  • The plaintiffs are granted leave to amend their particulars of claim, within 20 days of the date of this judgment.