Uniontech Commercial and Graphics CC and Another v Logistics Transport Globally (Pty) Ltd, In Re: Logistics Transport Globally (Pty) Ltd v Uniontech Commercial and Graphics CC and Another (81325/14) [2016] ZAGPPHC 41 (29 January 2016)

Uniontech Commercial and Graphics CC and Another v Logistics Transport Globally (Pty) Ltd, In Re: Logistics Transport Globally (Pty) Ltd v Uniontech Commercial and Graphics CC and Another (81325/14) [2016] ZAGPPHC 41 (29 January 2016)

The court held that the Plaintiff's particulars of claim were vague and embarrassing because they relied on partly oral and partly written agreements, while the written agreements contained a non-variation clause requiring any amendments to be in writing and signed by both parties. The Plaintiff's reliance on unsigned written documents and oral amendments conflicted with the express terms of the contract, rendering the pleading uncertain and prejudicial to the Defendants. The court found that the Defendants would be prejudiced if required to plead to such particulars, as they could not ascertain the precise nature of the agreements relied upon. Accordingly, the exception was upheld.

Citation
[2016] ZAGPPHC 41
Parties
Applicant: Uniontech Commercial and Graphics CC; Applicant: Lezmin 2768 CC; Respondent: Logistics Transport Globally (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 January 2016
Case Number
81325/14
Procedural Posture
Exception Application / Exception to Particulars of Claim Under Rule 23(1)
Outcome
Exception upheld; Plaintiff ordered to amend particulars of claim and pay costs.
Judges
T.D. Vilakazi
Legal Topics
Vague and Embarrassing Pleading, Oral and Written Contracts, Non Variation Clause, Exception Procedure
Civil Procedure Commercial and Corporate Vague and Embarrassing Pleading Oral and Written Contracts Non Variation Clause Exception Procedure

Case Brief

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Parties

Uniontech Commercial and Graphics CC

Applicant

Lezmin 2768 CC

Applicant

Logistics Transport Globally (Pty) Ltd

Respondent

Procedural Posture

Exception Application / Exception to Particulars of Claim Under Rule 23(1)

Legal Issues

  1. 1 Whether the Plaintiff's particulars of claim are vague and embarrassing, preventing the Defendants from pleading.
  2. 2 Whether the alleged amendments to the agreements are valid in light of the non-variation clause requiring written and signed variations.
  3. 3 Whether the Plaintiff's reliance on partly oral and partly written agreements is legally sustainable given the contractual documentation.

Ratio Decidendi

The court held that the Plaintiff's particulars of claim were vague and embarrassing because they relied on partly oral and partly written agreements, while the written agreements contained a non-variation clause requiring any amendments to be in writing and signed by both parties. The Plaintiff's reliance on unsigned written documents and oral amendments conflicted with the express terms of the contract, rendering the pleading uncertain and prejudicial to the Defendants. The court found that the Defendants would be prejudiced if required to plead to such particulars, as they could not ascertain the precise nature of the agreements relied upon. Accordingly, the exception was upheld.

Court Disposition

Exception upheld; Plaintiff ordered to amend particulars of claim and pay costs.

Orders

  • The exception is upheld.
  • The Plaintiff is given 15 days to amend the particulars of claim.