Van Der Merwe v Top Tech Feeds (Pty) Ltd and Another (21939/2021) [2023] ZAGPPHC 1806 (20 October 2023)

Van Der Merwe v Top Tech Feeds (Pty) Ltd and Another (21939/2021) [2023] ZAGPPHC 1806 (20 October 2023)

The court held that the first ground of exception, relating to the vagueness and embarrassment caused by the discrepancy in the pleaded purchase price and the annexure, was upheld. However, the remaining grounds of exception were dismissed. The court found that the particulars of claim, when read as a whole, disclosed a cause of action for specific performance based on acknowledged debts, and that any alleged vagueness or lack of particularity did not render the claim excipiable. The court further held that the plaintiff had pleaded why the National Credit Act was not applicable, and that this issue was for the trial court to determine. The claim was not for contractual damages but for...

Citation
[2023] ZAGPPHC 1806
Parties
Plaintiff: DG Van Der Merwe; Defendant: Top Tech Feeds (Pty) Ltd; Defendant: José Paulo Agrela
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 October 2023
Case Number
21939/2021
Procedural Posture
Exception Application / Exception Hearing on Pleadings
Outcome
Exception upheld in part; dismissed in part.
Judges
Retief
Legal Topics
Exception to Pleadings, Vague and Embarrassing, Cause of Action, National Credit Act, Specific Performance
Civil Procedure Commercial and Corporate Exception to Pleadings Vague and Embarrassing Cause of Action National Credit Act Specific Performance

Case Brief

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Parties

DG Van Der Merwe

Plaintiff

Top Tech Feeds (Pty) Ltd

Defendant

José Paulo Agrela

Defendant

Procedural Posture

Exception Application / Exception Hearing on Pleadings

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim are vague and embarrassing and fail to disclose a cause of action.
  2. 2 Whether the plaintiff was required to plead compliance with the National Credit Act.
  3. 3 Whether the plaintiff's claim is for contractual damages or specific performance.

Ratio Decidendi

The court held that the first ground of exception, relating to the vagueness and embarrassment caused by the discrepancy in the pleaded purchase price and the annexure, was upheld. However, the remaining grounds of exception were dismissed. The court found that the particulars of claim, when read as a whole, disclosed a cause of action for specific performance based on acknowledged debts, and that any alleged vagueness or lack of particularity did not render the claim excipiable. The court further held that the plaintiff had pleaded why the National Credit Act was not applicable, and that this issue was for the trial court to determine. The claim was not for contractual damages but for...

Court Disposition

Exception upheld in part; dismissed in part.

Orders

  • The First and Second Defendants' exception in respect of the first ground, on the basis of vague and embarrassing, is upheld.
  • The Plaintiff is afforded 15 days from the date of this order to remove the complaint referred to in the first ground.