Steytler N.O and Others v Strauss N.O and Others (2076/2020) [2021] ZAFSHC 343 (29 July 2021)

Steytler N.O and Others v Strauss N.O and Others (2076/2020) [2021] ZAFSHC 343 (29 July 2021)

The court found that the particulars of claim are sufficiently clear for the defendants to plead. The plaintiffs have set out the basis for their claim, namely that the sale agreement for water rights is invalid under the National Water Act and that they seek restitution. The grounds of exception raised by the defendants do not render the particulars vague or embarrassing to the extent required for an exception to succeed. The objections relating to claims against the fifth and sixth defendants are dismissed as those parties did not except. The exception is therefore dismissed with costs.

Citation
[2021] ZAFSHC 343
Parties
Plaintiff: George Frank Steytler N.O.; Plaintiff: Rosalind Ann Steytler N.O.; Plaintiff: Andries Christoffel du Toit N.O.; Defendant: Leon Strauss (Snr) N.O.; Defendant: Leon Strauss (Jnr) N.O.; Defendant: Riette Roux N.O.; Defendant: Lionel John Walker N.O.; Defendant: Gustav Le Grange; Defendant: Jac N Coetzer Inc.; Defendant: Leon Strauss
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 July 2021
Case Number
2076/2020
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
C Reinders
Legal Topics
Exception Procedure, Ultra Vires Contract, Restitution in Integrum, National Water Act, Sale of Water Rights
Civil Procedure Land and Property Exception Procedure Ultra Vires Contract Restitution in Integrum National Water Act Sale of Water Rights

Case Brief

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Parties

George Frank Steytler N.O.

Plaintiff

Rosalind Ann Steytler N.O.

Plaintiff

Andries Christoffel du Toit N.O.

Plaintiff

Leon Strauss (Snr) N.O.

Defendant

Leon Strauss (Jnr) N.O.

Defendant

Riette Roux N.O.

Defendant

Lionel John Walker N.O.

Defendant

Gustav Le Grange

Defendant

Jac N Coetzer Inc.

Defendant

Leon Strauss

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the particulars of claim are vague and embarrassing to the extent that defendants cannot plead.
  2. 2 Whether the sale agreement for water rights is ultra vires the National Water Act and thus invalid.
  3. 3 Whether the plaintiffs are entitled to restitution of the purchase price if the agreement is void.

Ratio Decidendi

The court found that the particulars of claim are sufficiently clear for the defendants to plead. The plaintiffs have set out the basis for their claim, namely that the sale agreement for water rights is invalid under the National Water Act and that they seek restitution. The grounds of exception raised by the defendants do not render the particulars vague or embarrassing to the extent required for an exception to succeed. The objections relating to claims against the fifth and sixth defendants are dismissed as those parties did not except. The exception is therefore dismissed with costs.

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.