Ngxito and Another v Minister of Police and Another (1391/2019) [2021] ZAFSHC 82 (18 March 2021)

Ngxito and Another v Minister of Police and Another (1391/2019) [2021] ZAFSHC 82 (18 March 2021)

The court found that the plaintiffs, as beneficiaries of the Ngxito Trust, lacked locus standi to institute proceedings in their own names without authorisation from the trust or citation of the trustees. The particulars of claim failed to set out material facts establishing ownership or risk-bearing in respect of the property. The pleadings were vague and embarrassing, particularly regarding the claim for damages, which was contradictory and lacked sufficient detail to enable the defendants to plead or assess quantum. The court held that the defects prejudiced the second defendant and that the particulars of claim did not comply with Rule 18(4) or sustain a complete cause of action....

Citation
[2021] ZAFSHC 82
Parties
Plaintiff: Mawethu Ngxito; Plaintiff: Sivuyile Xhantini; Defendant: Minister of Police; Defendant: Mohokare Local Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 March 2021
Case Number
1391/2019
Procedural Posture
Civil Application / Exception to Particulars of Claim Under Rule 23(1)
Outcome
Exception upheld; plaintiffs granted leave to amend particulars of claim within 15 days; costs awarded against plaintiffs on a party-and-party scale.
Judges
AS Boonzaaier
Legal Topics
Exceptions to Pleadings, Vague and Embarrassing, Locus Standi, Cause of Action, Rule 18 Compliance
Civil Procedure Exceptions to Pleadings Vague and Embarrassing Locus Standi Cause of Action Rule 18 Compliance

Case Brief

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Parties

Mawethu Ngxito

Plaintiff

Sivuyile Xhantini

Plaintiff

Minister of Police

Defendant

Mohokare Local Municipality

Defendant

Procedural Posture

Civil Application / Exception to Particulars of Claim Under Rule 23(1)

Legal Issues

  1. 1 Whether the plaintiffs' particulars of claim are vague and embarrassing as alleged by the second defendant.
  2. 2 Whether the plaintiffs have locus standi to institute proceedings in their own names as beneficiaries of a trust.
  3. 3 Whether the particulars of claim disclose a complete cause of action against the defendants.

Ratio Decidendi

The court found that the plaintiffs, as beneficiaries of the Ngxito Trust, lacked locus standi to institute proceedings in their own names without authorisation from the trust or citation of the trustees. The particulars of claim failed to set out material facts establishing ownership or risk-bearing in respect of the property. The pleadings were vague and embarrassing, particularly regarding the claim for damages, which was contradictory and lacked sufficient detail to enable the defendants to plead or assess quantum. The court held that the defects prejudiced the second defendant and that the particulars of claim did not comply with Rule 18(4) or sustain a complete cause of action....

Court Disposition

Exception upheld; plaintiffs granted leave to amend particulars of claim within 15 days; costs awarded against plaintiffs on a party-and-party scale.

Orders

  • The exception is upheld with costs.
  • The plaintiffs are granted leave to amend the particulars of claim by way of notice of amendment within 15 days of the date of this order.