Richter N.O. and Others v Richter and Others (1988/2017) [2018] ZAFSHC 45 (10 May 2018)

Richter N.O. and Others v Richter and Others (1988/2017) [2018] ZAFSHC 45 (10 May 2018)

The court found that the plaintiffs' Particulars of Claim, when considered as a whole, disclose a cause of action against the defendants for their conduct as former trustees of the Trusts. The claims are not vague and embarrassing to the extent that the defendants cannot plead thereto, and any alleged deficiencies do not cause real prejudice. The issues regarding authority to act as trustees prior to formal appointment, non-joinder of beneficiaries, and computation of monetary claims are matters that can be properly addressed at trial or by requesting further particulars. The exception was therefore dismissed as the defendants failed to demonstrate that the claims are excipiable on every...

Citation
[2018] ZAFSHC 45
Parties
Plaintiff: Christiaan George Frederik Richter N.O.; Plaintiff: Julia Helen van Wyk N.O.; Plaintiff: Deon Pieter Roussouw N.O.; Defendant: Elmine Richter; Defendant: Albertus Jacobus Saayman; Defendant: Jacobus Franscois du Plessis
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 May 2018
Case Number
1988/2017
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
Naidoo
Legal Topics
Trustees Liability, Exception Procedure, Trust Property Control Act, Non Joinder, Pleading Requirements
Civil Procedure Land and Property Trustees Liability Exception Procedure Trust Property Control Act Non Joinder Pleading Requirements

Case Brief

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Parties

Christiaan George Frederik Richter N.O.

Plaintiff

Julia Helen van Wyk N.O.

Plaintiff

Deon Pieter Roussouw N.O.

Plaintiff

Elmine Richter

Defendant

Albertus Jacobus Saayman

Defendant

Jacobus Franscois du Plessis

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the Particulars of Claim disclose a cause of action against the defendants as former trustees of the Trusts.
  2. 2 Whether the claims are vague and embarrassing or lack necessary averments to sustain an action.
  3. 3 Whether the failure to join alleged surviving beneficiaries renders the claims excipiable.

Ratio Decidendi

The court found that the plaintiffs' Particulars of Claim, when considered as a whole, disclose a cause of action against the defendants for their conduct as former trustees of the Trusts. The claims are not vague and embarrassing to the extent that the defendants cannot plead thereto, and any alleged deficiencies do not cause real prejudice. The issues regarding authority to act as trustees prior to formal appointment, non-joinder of beneficiaries, and computation of monetary claims are matters that can be properly addressed at trial or by requesting further particulars. The exception was therefore dismissed as the defendants failed to demonstrate that the claims are excipiable on every...

Court Disposition

Exception dismissed with costs.

Orders

  • The Exception is dismissed with costs.