Tiger Consumer Brands Limited v Steyn and Others (1236/2007) [2008] ZANCHC 54 (4 July 2008)

Tiger Consumer Brands Limited v Steyn and Others (1236/2007) [2008] ZANCHC 54 (4 July 2008)

The court held that the plaintiff's particulars of claim are sufficiently clear to enable the fourth defendant to plead and defend its interests. The plaintiff is not required to explain the legal consequences of the relief sought on the fourth defendant's rights under the mortgage bond, as these consequences are determined by law and are not part of the plaintiff's cause of action. The exception raised by the fourth defendant is without merit and is dismissed. The plaintiff correctly joined the fourth defendant as an interested party without claiming relief against it, and there is no obligation on the plaintiff to address the fourth defendant's remedies in the particulars of claim.

Citation
[2008] ZANCHC 54
Parties
Plaintiff: Tiger Consumer Brands Limited; Defendant: Johannes Lodewyk Steyn; Defendant: Bernnita Steyn; Defendant: Leach Auto CC; Defendant: Firstrand Bank Limited; Defendant: Standard Bank of South Africa; Defendant: The Registrar of Deeds
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
4 July 2008
Case Number
1236/2007
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
C J Olivier
Legal Topics
Exception Procedure, Fraudulent Transfer, Suretyship Liability, Setting Aside Sale
Civil Procedure Commercial and Corporate Exception Procedure Fraudulent Transfer Suretyship Liability Setting Aside Sale

Case Brief

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Parties

Tiger Consumer Brands Limited

Plaintiff

Johannes Lodewyk Steyn

Defendant

Bernnita Steyn

Defendant

Leach Auto CC

Defendant

Firstrand Bank Limited

Defendant

Standard Bank of South Africa

Defendant

The Registrar of Deeds

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim are vague and embarrassing to the extent that the fourth defendant cannot plead thereto.
  2. 2 Whether the plaintiff is obliged to detail the consequences of the relief sought on the fourth defendant's rights under the mortgage bond.
  3. 3 Whether the plaintiff's claim sufficiently sets out a cause of action against the fourth defendant.

Ratio Decidendi

The court held that the plaintiff's particulars of claim are sufficiently clear to enable the fourth defendant to plead and defend its interests. The plaintiff is not required to explain the legal consequences of the relief sought on the fourth defendant's rights under the mortgage bond, as these consequences are determined by law and are not part of the plaintiff's cause of action. The exception raised by the fourth defendant is without merit and is dismissed. The plaintiff correctly joined the fourth defendant as an interested party without claiming relief against it, and there is no obligation on the plaintiff to address the fourth defendant's remedies in the particulars of claim.

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.