Penhelig Proprietary Limited v Toni Robinson Collection CC t/a Cottonwood Trading (20194/2014) [2015] ZAGPJHC 286 (18 December 2015)

Penhelig Proprietary Limited v Toni Robinson Collection CC t/a Cottonwood Trading (20194/2014) [2015] ZAGPJHC 286 (18 December 2015)

The court found that several paragraphs of the plaintiff's particulars of claim were vague and embarrassing, specifically paragraphs 8.1 and 8.2, which failed to plead the factual basis for the alleged wrongful and defective cancellation and fictitious breaches. The claims for garden clearance charges and reconnection fees (paragraphs 9.3 and 9.4) were found not to disclose a cause of action, as the lease agreement did not create an obligation to pay for maintenance or special damages without factual foundation. The claim for commission and modification costs (paragraph 17) was also struck out for lack of pleaded facts supporting special damages. Other exceptions were dismissed where the...

Citation
[2015] ZAGPJHC 286
Parties
Plaintiff: Penhelig Proprietary Limited; Defendant: Toni Robinson Collection CC t/a Cottonwood Trading
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 December 2015
Case Number
20194/2014
Procedural Posture
Civil Procedure / Exception to Amended Particulars of Claim
Outcome
Exception upheld in respect of paragraphs 8.1, 8.2, 9.3, 9.4 and 17; those paragraphs struck out. Plaintiff granted leave to amend particulars of claim. Plaintiff to pay costs of exception.
Judges
Opperman
Legal Topics
Exception Procedure, Vague and Embarrassing, Breach of Commercial Lease, Damages Quantification, Special Damages, Set Off
Civil Procedure Commercial and Corporate Exception Procedure Vague and Embarrassing Breach of Commercial Lease Damages Quantification Special Damages Set Off

Case Brief

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Parties

Penhelig Proprietary Limited

Plaintiff

Toni Robinson Collection CC t/a Cottonwood Trading

Defendant

Procedural Posture

Civil Procedure / Exception to Amended Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's amended particulars of claim are vague and embarrassing to the extent that the defendant cannot plead properly.
  2. 2 Whether the particulars of claim fail to disclose a cause of action in respect of certain heads of damages.
  3. 3 Whether specific paragraphs in the particulars of claim should be struck out for failing to meet pleading requirements.

Ratio Decidendi

The court found that several paragraphs of the plaintiff's particulars of claim were vague and embarrassing, specifically paragraphs 8.1 and 8.2, which failed to plead the factual basis for the alleged wrongful and defective cancellation and fictitious breaches. The claims for garden clearance charges and reconnection fees (paragraphs 9.3 and 9.4) were found not to disclose a cause of action, as the lease agreement did not create an obligation to pay for maintenance or special damages without factual foundation. The claim for commission and modification costs (paragraph 17) was also struck out for lack of pleaded facts supporting special damages. Other exceptions were dismissed where the...

Court Disposition

Exception upheld in respect of paragraphs 8.1, 8.2, 9.3, 9.4 and 17; those paragraphs struck out. Plaintiff granted leave to amend particulars of claim. Plaintiff to pay costs of exception.

Orders

  • Exception is upheld in respect of paragraphs 8.1, 8.2, 9.3, 9.4 and 17 of the plaintiff's particulars of claim and those paragraphs are struck out.
  • Plaintiff is granted leave to amend its particulars of claim on or before 30 January 2016, if so advised.