Smolka and Others v Body Corporate of Ondangwa (139365/2015) [2020] ZAGPJHC 191 (10 June 2020)

Smolka and Others v Body Corporate of Ondangwa (139365/2015) [2020] ZAGPJHC 191 (10 June 2020)

The court found that the particulars of claim failed to disclose a cause of action against the defendants. The pleading was vague and embarrassing, lacking sufficient factual averments to establish negligence and duty of care. The plaintiff did not specify the duties or responsibilities allegedly breached by the defendants, nor did it plead facts from which wrongfulness could be inferred in respect of pure economic loss. The particulars did not comply with Rule 18(10) of the Uniform Rules of Court regarding the computation of damages. The court held that the particulars were so poorly drafted that they should be set aside, and the plaintiff should be given an opportunity to deliver a new...

Citation
[2020] ZAGPJHC 191
Parties
Defendant: Josef Stanislan Smolka; Defendant: Lines Smokla & Associates; Plaintiff: The Body Corporate of Ondangwa
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 June 2020
Case Number
139365/2015
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception upheld; particulars of claim set aside; plaintiff granted leave to deliver new particulars within 20 days; plaintiff to pay costs of the exception.
Judges
Vally
Legal Topics
Exception Procedure, Vague and Embarrassing Pleading, Duty of Care, Negligence, Pure Economic Loss
Civil Procedure Delict Exception Procedure Vague and Embarrassing Pleading Duty of Care Negligence Pure Economic Loss

Case Brief

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Parties

Josef Stanislan Smolka

Defendant

Lines Smokla & Associates

Defendant

The Body Corporate of Ondangwa

Plaintiff

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.
  2. 2 Whether the particulars of claim are vague and embarrassing.
  3. 3 Whether the plaintiff pleaded sufficient facts to establish negligence and duty of care.

Ratio Decidendi

The court found that the particulars of claim failed to disclose a cause of action against the defendants. The pleading was vague and embarrassing, lacking sufficient factual averments to establish negligence and duty of care. The plaintiff did not specify the duties or responsibilities allegedly breached by the defendants, nor did it plead facts from which wrongfulness could be inferred in respect of pure economic loss. The particulars did not comply with Rule 18(10) of the Uniform Rules of Court regarding the computation of damages. The court held that the particulars were so poorly drafted that they should be set aside, and the plaintiff should be given an opportunity to deliver a new...

Court Disposition

Exception upheld; particulars of claim set aside; plaintiff granted leave to deliver new particulars within 20 days; plaintiff to pay costs of the exception.

Orders

  • The exception is upheld.
  • The particulars of claim are set aside.