Roncon CC v City of Tshwane Metropolitan Municipality (32406/20) [2025] ZAGPPHC 334 (26 March 2025)

Roncon CC v City of Tshwane Metropolitan Municipality (32406/20) [2025] ZAGPPHC 334 (26 March 2025)

The court found that the plaintiff's particulars of claim failed to disclose a cause of action in either contract or delict. The plaintiff did not plead the fulfilment of conditions precedent to the contract, nor did it allege sufficient material facts to establish wrongfulness or causation in delict. The particulars were vague and embarrassing, making it impossible for the defendant to plead. The withdrawal from litigation and acquiescence in the review proceedings did not, on the facts pleaded, constitute wrongful conduct or breach of contract. The exception was upheld, and the particulars of claim were struck out, with leave granted to amend.

Citation
[2025] ZAGPPHC 334
Parties
Plaintiff: Roncon CC; Defendant: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 March 2025
Case Number
32406/20
Procedural Posture
Civil Application / Exception to Particulars of Claim
Outcome
Exception upheld; particulars of claim struck out; leave to amend granted; costs awarded to defendant including costs of two counsel on Scale B.
Judges
M J Teffo
Legal Topics
Exception Procedure, Pleading Requirements, Municipal Tender Contract, Repudiation, Delictual Liability, Pure Economic Loss
Civil Procedure Commercial and Corporate Exception Procedure Pleading Requirements Municipal Tender Contract Repudiation Delictual Liability Pure Economic Loss

Case Brief

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Parties

Roncon CC

Plaintiff

City of Tshwane Metropolitan Municipality

Defendant

Procedural Posture

Civil Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose a cause of action in contract or delict.
  2. 2 Whether the particulars of claim are vague and embarrassing to the extent that the defendant cannot plead.
  3. 3 Whether the plaintiff has pleaded sufficient material facts to sustain a claim for damages against the defendant.

Ratio Decidendi

The court found that the plaintiff's particulars of claim failed to disclose a cause of action in either contract or delict. The plaintiff did not plead the fulfilment of conditions precedent to the contract, nor did it allege sufficient material facts to establish wrongfulness or causation in delict. The particulars were vague and embarrassing, making it impossible for the defendant to plead. The withdrawal from litigation and acquiescence in the review proceedings did not, on the facts pleaded, constitute wrongful conduct or breach of contract. The exception was upheld, and the particulars of claim were struck out, with leave granted to amend.

Court Disposition

Exception upheld; particulars of claim struck out; leave to amend granted; costs awarded to defendant including costs of two counsel on Scale B.

Orders

  • The Exception is upheld, and the plaintiff's particulars of claim is struck out.
  • The plaintiff is granted leave to amend its particulars of claim within 20 days from the date of this order.