Nqanawe Hollding (Pty) Ltd and Another v Innovators Resources (Pty) Ltd (19/2283) [2021] ZAGPJHC 502 (4 October 2021)

Nqanawe Hollding (Pty) Ltd and Another v Innovators Resources (Pty) Ltd (19/2283) [2021] ZAGPJHC 502 (4 October 2021)

The court found that the plaintiffs' particulars of claim lacked sufficient particularity in several respects, including the acceptance of the benefit of the MOU by the second plaintiff, the identification and terms of the envisaged transactions, the basis and quantum of alleged profits, and the conduct constituting inducement or interference. These deficiencies rendered the particulars vague and embarrassing and prejudiced the defendants' ability to plead. The exceptions raised by the first, second, and third defendants went to the root of the cause of action and were upheld. The plaintiffs were granted leave to amend their particulars of claim within 15 days.

Citation
[2021] ZAGPJHC 502
Parties
Plaintiff: Nqanawe Holding (Pty) Ltd; Plaintiff: IR Joint Venture (Pty) Ltd; Defendant: Innovators Resources (Pty) Ltd; Defendant: Wescoal Mining (Pty) Ltd; Defendant: Arnot Opco (Pty) Ltd; Defendant: Commodity Logistix Managers Africa (Pty) Ltd; Defendant: Minister of Mineral Resources, Gwede Mantashe NO
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 October 2021
Case Number
19/2283
Procedural Posture
Exception Application / Exception to Particulars of Claim Under Rule 23
Outcome
Exceptions upheld; plaintiffs granted leave to amend particulars of claim; costs awarded to first, second, and third defendants.
Judges
P D Kekana
Legal Topics
Pleading Requirements, Vagueness and Embarrassment, Breach of Contract, Inducement of Breach, Pure Economic Loss, Quantification of Damages
Civil Procedure Commercial and Corporate Delict Pleading Requirements Vagueness and Embarrassment Breach of Contract Inducement of Breach Pure Economic Loss +1 more

Case Brief

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Parties

Nqanawe Holding (Pty) Ltd

Plaintiff

IR Joint Venture (Pty) Ltd

Plaintiff

Innovators Resources (Pty) Ltd

Defendant

Wescoal Mining (Pty) Ltd

Defendant

Arnot Opco (Pty) Ltd

Defendant

Commodity Logistix Managers Africa (Pty) Ltd

Defendant

Minister of Mineral Resources, Gwede Mantashe NO

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim Under Rule 23

Legal Issues

  1. 1 Whether the plaintiffs' particulars of claim disclose a cause of action against the defendants.
  2. 2 Whether the particulars of claim are vague and embarrassing and lack sufficient particularity.
  3. 3 Whether the plaintiffs pleaded the material facts necessary to sustain claims for breach of contract and delictual interference.

Ratio Decidendi

The court found that the plaintiffs' particulars of claim lacked sufficient particularity in several respects, including the acceptance of the benefit of the MOU by the second plaintiff, the identification and terms of the envisaged transactions, the basis and quantum of alleged profits, and the conduct constituting inducement or interference. These deficiencies rendered the particulars vague and embarrassing and prejudiced the defendants' ability to plead. The exceptions raised by the first, second, and third defendants went to the root of the cause of action and were upheld. The plaintiffs were granted leave to amend their particulars of claim within 15 days.

Court Disposition

Exceptions upheld; plaintiffs granted leave to amend particulars of claim; costs awarded to first, second, and third defendants.

Orders

  • The first defendant's exception is upheld.
  • The second and third defendants' exception is upheld.