South Africa Case Law

Kotze v Member of the Executive Council responsible for the Mpumalanga Department of Education in the Mpumalanga Province (17290/13)

Kotze v Member of the Executive Council responsible for the Mpumalanga Department of Education in the Mpumalanga Province (17290/13) [2014] ZAGPPHC 367 (17 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

17290/13

Judge

S K Hassim

The High Court upheld an exception to particulars of claim, finding the pleading vague and lacking facts to sustain either a statutory or delictual cause of action.

• Exception Procedure
• Vague And Embarrassing Pleading
• Statutory Cause Of Action
• Negligence
• Public Finance Management
• Exception-procedure

Kriel and Another v Kriel and Others (EL: 169/2012, ECD: 469/2012)

Kriel and Another v Kriel and Others (EL: 169/2012, ECD: 469/2012) [2012] ZAECELLC 10 (18 May 2012)

Court

Eastern Cape High Court, East London Local Court

Case number

EL: 169/2012, ECD: 469/2012

Judge

J.E Smith

The court held that the plaintiffs failed to plead sufficient factual averments to bring their claims within the ambit of either section 49 or 50 of the Close Corporations Act. Section 49 is limited to motion proceedings and requires allegations of unfairly prejudicial conduct, which were absent. Section 50 requires pleading a breach of fiduciary duty or negligence and notification to other members, none of which were alleged. The plaintiffs brought the proceedings in their individual capacities rather than on behalf of the corporation, and did not allege breach of fiduciary duty or complianc…

Source excerpt

• Close Corporation Membership
• Exception To Particulars Of Claim
• Fiduciary Duty
• Statutory Cause Of Action