Zondi and Another v Sandile Dlomo Family Trust and Others (7153/2020P) [2021] ZAKZPHC 26 (12 May 2021)

Zondi and Another v Sandile Dlomo Family Trust and Others (7153/2020P) [2021] ZAKZPHC 26 (12 May 2021)

The court found that only the contract relied upon as a link in the chain of the cause of action must be annexed to the particulars of claim. In this case, the plaintiff attached the third contract, which forms the basis of the claim. The first and second contracts, although linked to the background, were not relied upon to establish the cause of action. The omission to annex these agreements did not offend Uniform rule 18(6) and did not render the particulars of claim excipiable. The excipients failed to demonstrate that the particulars of claim lacked necessary averments to sustain a cause of action. The proper remedy for non-compliance with Uniform rule 18(6) would have been to invoke...

Citation
[2021] ZAKZPHC 26
Parties
Plaintiff: Sbonelo Maxican Zondi; Plaintiff: Sbonelo Maxican Zondi N.O.; Defendant: Sandile Dlomo Family Trust; Defendant: Sandile Dlomo; Defendant: Pauline Busisiwe Msibi; Defendant: Ruth Mavundla; Defendant: Registrar of Deeds, Pietermaritzburg
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
12 May 2021
Case Number
7153/2020P
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
Mathenjwa
Legal Topics
Exception Procedure, Uniform Rules of Court, Alienation of Land Act, Pleading Requirements, Fraudulent Transfer
Civil Procedure Land and Property Exception Procedure Uniform Rules of Court Alienation of Land Act Pleading Requirements Fraudulent Transfer

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Parties

Sbonelo Maxican Zondi

Plaintiff

Sbonelo Maxican Zondi N.O.

Plaintiff

Sandile Dlomo Family Trust

Defendant

Sandile Dlomo

Defendant

Pauline Busisiwe Msibi

Defendant

Ruth Mavundla

Defendant

Registrar of Deeds, Pietermaritzburg

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the omission to annex certain written agreements to the particulars of claim constitutes non-compliance with Uniform rule 18(6).
  2. 2 Whether such omission renders the particulars of claim excipiable for lacking averments necessary to sustain a cause of action.

Ratio Decidendi

The court found that only the contract relied upon as a link in the chain of the cause of action must be annexed to the particulars of claim. In this case, the plaintiff attached the third contract, which forms the basis of the claim. The first and second contracts, although linked to the background, were not relied upon to establish the cause of action. The omission to annex these agreements did not offend Uniform rule 18(6) and did not render the particulars of claim excipiable. The excipients failed to demonstrate that the particulars of claim lacked necessary averments to sustain a cause of action. The proper remedy for non-compliance with Uniform rule 18(6) would have been to invoke...

Court Disposition

Exception dismissed with costs.

Orders

  • The defendants’ exception is dismissed with costs.