Sarmcol Quality Tyres (Pty) Ltd and Others v Farrel Incorporated and Another (8147/2022P) [2023] ZAKZPHC 46 (5 May 2023)

Parties

Procedural Posture

Exception Application / Exception to Particulars of Claim; Application to Amend Particulars of Claim

Legal Issues

1. 1 Whether the particulars of claim disclose a cause of action against the defendants.
2. 2 Whether the plaintiffs have pleaded sufficient primary facts to sustain their claims for breach of mandate and negligence.
3. 3 Whether the exceptions raised by the defendants are sustainable in law.

Ratio Decidendi

The court held that the plaintiffs’ particulars of claim, while susceptible to criticism in certain respects, are not bad in law and do disclose a cause of action. The exceptions raised by the defendants largely concern matters of evidence or secondary facts, which are not required to be pleaded. Where the plaintiffs have acknowledged deficiencies and proposed amendments, the relevant exceptions are upheld only to the extent of those deficiencies. The remaining exceptions are dismissed as the claims are adequately pleaded and the defendants’ objections are more appropriately addressed in their plea. The plaintiffs are granted fifteen days to amend their particulars of claim, failing which...

Court Disposition

Three exceptions out of eleven are upheld; the remainder are dismissed. Plaintiffs are granted fifteen days to amend their particulars of claim. Each party is to pay its own costs.

Orders

• The plaintiffs’ application to amend is adjourned sine die with costs reserved.
• The first, second, fifth, sixth, seventh, ninth, tenth and eleventh exceptions are dismissed.