Phakedi and Another v MEC Department of Education and Sports Development and Another (1949/2016) [2019] ZANWHC 48 (31 October 2019)

Phakedi and Another v MEC Department of Education and Sports Development and Another (1949/2016) [2019] ZANWHC 48 (31 October 2019)

The court found that the plaintiffs' amended particulars of claim remained vague and embarrassing and failed to disclose a cause of action, primarily due to the absence of the Service Level Agreement and other key documents required by Rule 18(6) of the Uniform Rules of Court. The plaintiffs did not provide a sufficient explanation for not annexing these documents, nor did they demonstrate that a binding contract had come into existence. The court held that the defects in the pleading were not cured by the amendment and that the particulars of claim were still excipiable. However, the court was not persuaded that the defects were irremediable and, in line with established practice,...

Citation
[2019] ZANWHC 48
Parties
Plaintiff: Marefe Macdonald Phakedi; Plaintiff: Ferame Pharmaceutical CC; Defendant: MEC Department of Education and Sports Development; Defendant: Directorate Supply Chain Management
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
31 October 2019
Case Number
1949/2016
Procedural Posture
Civil Procedure Exception / Exception to Amended Particulars of Claim; Opposed Motion
Outcome
Exception upheld; plaintiffs granted leave to amend particulars of claim; costs awarded against plaintiffs.
Judges
R D Hendricks
Legal Topics
Exception Procedure, Pleading Requirements, Breach of Contract, Service Level Agreement
Civil Procedure Commercial and Corporate Exception Procedure Pleading Requirements Breach of Contract Service Level Agreement

Case Brief

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Parties

Marefe Macdonald Phakedi

Plaintiff

Ferame Pharmaceutical CC

Plaintiff

MEC Department of Education and Sports Development

Defendant

Directorate Supply Chain Management

Defendant

Procedural Posture

Civil Procedure Exception / Exception to Amended Particulars of Claim; Opposed Motion

Legal Issues

  1. 1 Whether the amended particulars of claim disclose a cause of action.
  2. 2 Whether failure to annex the Service Level Agreement and other documents renders the pleading vague and embarrassing.
  3. 3 Whether the plaintiffs should be granted leave to amend their particulars of claim again.

Ratio Decidendi

The court found that the plaintiffs' amended particulars of claim remained vague and embarrassing and failed to disclose a cause of action, primarily due to the absence of the Service Level Agreement and other key documents required by Rule 18(6) of the Uniform Rules of Court. The plaintiffs did not provide a sufficient explanation for not annexing these documents, nor did they demonstrate that a binding contract had come into existence. The court held that the defects in the pleading were not cured by the amendment and that the particulars of claim were still excipiable. However, the court was not persuaded that the defects were irremediable and, in line with established practice,...

Court Disposition

Exception upheld; plaintiffs granted leave to amend particulars of claim; costs awarded against plaintiffs.

Orders

  • The exception raised by the defendants/applicants against the plaintiffs/respondents' amended particulars of claim is upheld.
  • The plaintiffs/respondents are granted leave to amend their particulars of claim within twenty (20) days from the date of this order.