Tracexpress (Pty) Ltd v Xsun Transport (Pty) Ltd (5553/2023) [2024] ZAMPMBHC 46 (9 July 2024)

Tracexpress (Pty) Ltd v Xsun Transport (Pty) Ltd (5553/2023) [2024] ZAMPMBHC 46 (9 July 2024)

The Court found that Tracexpress's amended particulars of claim failed to comply with the requirements of Rule 18(4) and (6) of the Uniform Rules of Court. The particulars did not set out the full terms of the oral agreements, did not identify the operators involved, omitted details regarding the service fee, and failed to specify when and to whom goods were delivered. The annexures referenced were illegible and not linked to specific agreements. These deficiencies rendered the particulars vague and embarrassing, prejudicing Xsun Transport's ability to plead. The Court held that the exceptions were well-founded and upheld them, striking out the particulars of claim and granting...

Citation
[2024] ZAMPMBHC 46
Parties
Plaintiff: Tracexpress (Pty) Ltd; Defendant: Xsun Transport (Pty) Ltd
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
9 July 2024
Case Number
5553/2023
Procedural Posture
Exception Application / Exception to Amended Particulars of Claim
Outcome
Exceptions upheld; particulars of claim struck out with costs; plaintiff granted leave to amend within 10 days.
Judges
Mashile
Legal Topics
Pleading Requirements, Vague and Embarrassing, Oral Contracts, Uniform Rules of Court Rule 18
Civil Procedure Pleading Requirements Vague and Embarrassing Oral Contracts Uniform Rules of Court Rule 18

Case Brief

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Parties

Tracexpress (Pty) Ltd

Plaintiff

Xsun Transport (Pty) Ltd

Defendant

Procedural Posture

Exception Application / Exception to Amended Particulars of Claim

Legal Issues

  1. 1 Whether the amended particulars of claim contain sufficient averments to sustain a cause of action.
  2. 2 Whether the particulars of claim are vague and embarrassing, preventing the defendant from pleading meaningfully.

Ratio Decidendi

The Court found that Tracexpress's amended particulars of claim failed to comply with the requirements of Rule 18(4) and (6) of the Uniform Rules of Court. The particulars did not set out the full terms of the oral agreements, did not identify the operators involved, omitted details regarding the service fee, and failed to specify when and to whom goods were delivered. The annexures referenced were illegible and not linked to specific agreements. These deficiencies rendered the particulars vague and embarrassing, prejudicing Xsun Transport's ability to plead. The Court held that the exceptions were well-founded and upheld them, striking out the particulars of claim and granting...

Court Disposition

Exceptions upheld; particulars of claim struck out with costs; plaintiff granted leave to amend within 10 days.

Orders

  • The Court upholds the two exceptions with costs.
  • The particulars of claim are struck off.