Smith N.O and Others v Dabula Manzi Farmers (Pty) Ltd (5874/2021) [2023] ZAFSHC 389 (9 October 2023)

Smith N.O and Others v Dabula Manzi Farmers (Pty) Ltd (5874/2021) [2023] ZAFSHC 389 (9 October 2023)

The court held that the plaintiffs' amended particulars of claim are not vague and embarrassing to the extent that they prejudice the defendant. The plaintiffs have pleaded the existence of the oral loan agreement, the advancement of funds, and the demand for repayment, which are the essential elements required to disclose a cause of action for repayment of a loan. The alleged lack of particularity relates to evidence, not to the material facts necessary for the claim. The court found that the defendant can plead its version without embarrassment or prejudice, and that any further detail can be sought through discovery or further particulars for trial. The exception procedure is not the...

Citation
[2023] ZAFSHC 389
Parties
Plaintiff: Elrich Ruwayne Smith N.O.; Plaintiff: Karen Fortuin N.O.; Plaintiff: Thea Christina Lourens N.O.; Defendant: Dabula Manzi Farmers (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 October 2023
Case Number
5874/2021
Procedural Posture
Civil Procedure / Exception to Amended Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
I Van Rhyn
Legal Topics
Exception to Pleading, Oral Loan Agreement, Vague and Embarrassing, Breach of Contract, Quantum of Claim
Civil Procedure Commercial and Corporate Exception to Pleading Oral Loan Agreement Vague and Embarrassing Breach of Contract Quantum of Claim

Case Brief

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Parties

Elrich Ruwayne Smith N.O.

Plaintiff

Karen Fortuin N.O.

Plaintiff

Thea Christina Lourens N.O.

Plaintiff

Dabula Manzi Farmers (Pty) Ltd

Defendant

Procedural Posture

Civil Procedure / Exception to Amended Particulars of Claim

Legal Issues

  1. 1 Whether the amended particulars of claim are vague and embarrassing to the extent that they prejudice the defendant.
  2. 2 Whether the particulars of claim lack averments necessary to sustain breach of contract as a cause of action.
  3. 3 Whether the plaintiffs have pleaded sufficient material facts to disclose a cause of action for repayment of a loan.

Ratio Decidendi

The court held that the plaintiffs' amended particulars of claim are not vague and embarrassing to the extent that they prejudice the defendant. The plaintiffs have pleaded the existence of the oral loan agreement, the advancement of funds, and the demand for repayment, which are the essential elements required to disclose a cause of action for repayment of a loan. The alleged lack of particularity relates to evidence, not to the material facts necessary for the claim. The court found that the defendant can plead its version without embarrassment or prejudice, and that any further detail can be sought through discovery or further particulars for trial. The exception procedure is not the...

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.