Upper Highway Air NPC v Enviroserv Waste Management (Pty) Ltd and Others (3692/2017)
Upper Highway Air NPC v Enviroserv Waste Management (Pty) Ltd and Others (3692/2017) [2018] ZAKZDHC 37 (31 July 2018)
The court held that while the plaintiff's particulars of claim are lengthy and sometimes narrative, most of the exceptions raised by the defendants do not strike at the root of the claim and can be pleaded to meaningfully. However, certain paragraphs are vague and embarrassing, specifically where the plaintiff fails to identify the written instructions, statutory and regulatory provisions, by-laws, and directions relied upon, and where the extent of the alleged common law duty of care is not pleaded. The court found that declarations regarding fitness and propriety for licensing purposes are…
Source excerpt
- National Environmental Management Act
- Waste Management Licensing
- Vague And Embarrassing Pleading
- Common Law Duty Of Care
- Appropriate Relief
- Constitutional Damages