Nobandu General Trading (Pty) Ltd v Edwin Construction (Pty) Ltd (658/2023) [2023] ZAFSHC 353 (4 September 2023)

Nobandu General Trading (Pty) Ltd v Edwin Construction (Pty) Ltd (658/2023) [2023] ZAFSHC 353 (4 September 2023)

The court found that the particulars of claim failed to disclose a cause of action and were vague and embarrassing, as they lacked essential averments regarding the contract, obligations, invoicing, remuneration, breach, and the basis for damages. The plaintiff did not plead who the employer was, the contractual right to a review, or the details of the alleged review and recalculation. The jurisdictional challenge failed as the plaintiff is an incola and at least one contractual element was alleged within the court's area. The exception succeeded on the substantive grounds, and the plaintiff was granted an opportunity to amend its pleadings within thirty days. Costs were awarded against...

Citation
[2023] ZAFSHC 353
Parties
Plaintiff: Nobandu General Trading (Pty) Ltd; Defendant: Edwin Construction (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 September 2023
Case Number
658/2023
Procedural Posture
Exception Application / Exception to Particulars of Claim; Preliminary Stage Before Trial
Outcome
Exception upheld on substantive grounds; plaintiff granted leave to amend particulars of claim within thirty days; costs awarded against plaintiff.
Judges
P R Cronjé
Legal Topics
Exception to Particulars of Claim, Pleading Requirements, Jurisdiction, Contractual Damages
Civil Procedure Commercial and Corporate Exception to Particulars of Claim Pleading Requirements Jurisdiction Contractual Damages

Case Brief

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Parties

Nobandu General Trading (Pty) Ltd

Plaintiff

Edwin Construction (Pty) Ltd

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim; Preliminary Stage Before Trial

Legal Issues

  1. 1 Whether the particulars of claim disclose a cause of action.
  2. 2 Whether the claim is vague and embarrassing under Rule 18(10) of the Uniform Rules of Court.
  3. 3 Whether jurisdiction is properly pleaded.

Ratio Decidendi

The court found that the particulars of claim failed to disclose a cause of action and were vague and embarrassing, as they lacked essential averments regarding the contract, obligations, invoicing, remuneration, breach, and the basis for damages. The plaintiff did not plead who the employer was, the contractual right to a review, or the details of the alleged review and recalculation. The jurisdictional challenge failed as the plaintiff is an incola and at least one contractual element was alleged within the court's area. The exception succeeded on the substantive grounds, and the plaintiff was granted an opportunity to amend its pleadings within thirty days. Costs were awarded against...

Court Disposition

Exception upheld on substantive grounds; plaintiff granted leave to amend particulars of claim within thirty days; costs awarded against plaintiff.

Orders

  • The exception in respect of the third, first fourth and fifth grounds of exception succeeds.
  • The Plaintiff is granted opportunity to amend its pleadings within thirty (30) days of receipt of the Order.