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South Africa decisions
Decisions matching the current search
Tracexpress (Pty) Ltd v Xsun Transport (Pty) Ltd (5553/2023) [2024] ZAMPMBHC 46 (9 July 2024)
The High Court upheld exceptions to amended particulars of claim, finding the pleaded oral and written agreements vague, embarrassing, and insufficiently particularised.
Mirai Rail Corporation (Pty) Ltd v H Rohloff (Pty) Ltd (030891/2022) [2024] ZAGPPHC 518 (6 June 2024)
The High Court upheld an exception to a plea and counterclaim that lacked necessary averments and was vague and embarrassing, with leave to amend.
Du Bois N.O and Others v Ski Club of South Africa (20909/2022) [2024] ZAWCHC 128 (9 May 2024)
The High Court upheld exceptions to a counterclaim for a perpetual personal servitude, finding it legally unsustainable and vague for failing to plead the inception date.
Free State Wheels (Pty) Ltd v WRC Rentals (Pty) Ltd and Others (2014/2023) [2024] ZAFSHC 87 (14 March 2024)
The High Court allowed an amendment to particulars of claim, finding the changes clarified the pleadings and did not make them excipiable.
Mazibo v Mahlangu and Another (038392/2023) [2024] ZAGPJHC 201 (29 February 2024)
The High Court upheld an exception to particulars of claim that were vague and embarrassing, finding the pleading failed to disclose a cause of action and struck it out.
Assore Ltd and Others v Paris (44431/2019) [2024] ZAGPJHC 36 (22 January 2024)
The High Court refused an exception to amended particulars of claim, holding the defendants were re-arguing points already decided, and awarded attorney-and-client costs.
Casedine v Woolworths Financial Service Pty Limited and Another (026644/2022) [2023] ZAGPPHC 1908 (16 November 2023)
The High Court upheld exceptions to particulars of claim in an unlawful arrest and detention damages action, finding the pleading vague and lacking a proper cause of action.
Van Der Merwe v Top Tech Feeds (Pty) Ltd and Another (21939/2021) [2023] ZAGPPHC 1806 (20 October 2023)
The High Court upheld one vague-and-embarrassing exception ground, dismissed the remaining grounds, and ordered the plaintiff to amend within 15 days.
Smith N.O and Others v Dabula Manzi Farmers (Pty) Ltd (5874/2021) [2023] ZAFSHC 389 (9 October 2023)
High Court decision dismissing an exception to amended particulars of claim in an oral loan dispute. The court held the pleading was sufficiently clear and not vague or embarrassing.
PCS Global (Pty) Ltd v Moisel and Another (2022/11004) [2023] ZAGPPHC 1217 (22 September 2023)
The court held that prescription is a defence to be raised by special plea, not by exception. The defendants' exceptions based on prescription were not competent, as the plaintiff is not required to plead facts anticipating prescription in its particulars of claim. The court further found that the particulars of claim were sufficiently clear and concise, containing all necessary averments to sustain a cause of action. The defendants failed to demonstrate any vagueness or embarrassment or resulting prejudice. Accordingly, all exceptions were dismissed.
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