Steenkamp N.O. and Others v De Waal and Another (3389/2023) [2025] ZAFSHC 58 (17 February 2025)

Steenkamp N.O. and Others v De Waal and Another (3389/2023) [2025] ZAFSHC 58 (17 February 2025)

The court held that the particulars of claim are not vague and embarrassing and do not lack averments necessary to sustain a cause of action. The plaintiffs pleaded a clear cause of action based on oral agreements and written acknowledgements of debt, and the issues regarding the National Credit Act and the validity of the agreements are factual matters for the trial court. The claim for a just and equitable order is permissible under section 89(5) of the Act. The pleadings regarding the life policy cession are sufficiently clear, and the absence of Sanlam as a party does not render the claim excipiable under rule 23. The exception procedure is not appropriate for complaints of...

Citation
[2025] ZAFSHC 58
Parties
Applicant: Anet Steenkamp N.O.; Applicant: Frederik Basson N.O.; Applicant: Frederik Basson; Applicant: Zululand Farmers Supplies CC; Respondent: Christina Susanna de Waal; Respondent: Sussana Johanna Jacoba Hamann
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 February 2025
Case Number
3389/2023
Procedural Posture
Exception Application / Exception to Particulars of Claim Heard and Decided
Outcome
Exception dismissed with costs.
Judges
Mahlatsi AJ
Legal Topics
Exception Procedure, National Credit Act, Vague and Embarrassing Pleading, Oral Credit Agreement, Life Policy Cession
Civil Procedure Commercial and Corporate Exception Procedure National Credit Act Vague and Embarrassing Pleading Oral Credit Agreement Life Policy Cession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Anet Steenkamp N.O.

Applicant

Frederik Basson N.O.

Applicant

Frederik Basson

Applicant

Zululand Farmers Supplies CC

Applicant

Christina Susanna de Waal

Respondent

Sussana Johanna Jacoba Hamann

Respondent

Procedural Posture

Exception Application / Exception to Particulars of Claim Heard and Decided

Legal Issues

  1. 1 Whether the plaintiffs' particulars of claim are vague and embarrassing and lack averments necessary to sustain a cause of action.
  2. 2 Whether the agreements pleaded by the plaintiffs constitute unlawful credit agreements under the National Credit Act.
  3. 3 Whether the plaintiffs have pleaded sufficient material facts to seek a declaration of invalidity regarding the cession of a life insurance policy.

Ratio Decidendi

The court held that the particulars of claim are not vague and embarrassing and do not lack averments necessary to sustain a cause of action. The plaintiffs pleaded a clear cause of action based on oral agreements and written acknowledgements of debt, and the issues regarding the National Credit Act and the validity of the agreements are factual matters for the trial court. The claim for a just and equitable order is permissible under section 89(5) of the Act. The pleadings regarding the life policy cession are sufficiently clear, and the absence of Sanlam as a party does not render the claim excipiable under rule 23. The exception procedure is not appropriate for complaints of...

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.
  • Both grounds for exception are dismissed.