South Africa Case Law

Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024)

Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024) [2025] ZAKZDHC 42 (11 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D8288/2024

Judge

Olsen J

The High Court upheld exceptions to a prolix particulars of claim in a commission dispute, finding the plaintiffs had not clearly pleaded a cause of action or joint liability.

• Pleading Requirements
• Vagueness And Embarrassment
• Joint And Several Liability
• Commission Agreements
• Agency
• Striking Out

Emalahleni Local Municipality v Vatala and Another (2684/2022)

Emalahleni Local Municipality v Vatala and Another (2684/2022) [2024] ZAECMKHC 53 (24 May 2024)

Court

Eastern Cape High Court, Makhanda

Case number

2684/2022

Judge

Cengani-Mbakaza

The High Court dismissed an exception to a municipality’s claim for damages, finding the particulars of claim were sufficiently clear despite some missing dates.

• Exception To Pleadings
• Vagueness And Embarrassment
• Municipal Liability
• Fruitless And Wasteful Expenditure
• Negligence
• Exception-to-pleadings

Tikka Tikka Projects (Pty) Limited and Others v Carrim Holdings (Pty) Ltd (046271/2022)

Tikka Tikka Projects (Pty) Limited and Others v Carrim Holdings (Pty) Ltd (046271/2022) [2024] ZAGPPHC 461 (14 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

046271/2022

Judge

J.T Leso

The High Court dismissed an exception to particulars of claim in a credit-agreement dispute, holding the pleaded tacit acceptance issue went to the merits.

• Exception Procedure
• Credit Agreement
• Pleading Requirements
• Tacit Acceptance
• Vagueness And Embarrassment
• Exception-procedure

Isuzu Finance v Silvex 399 CC and Another (EL2209-2022)

Isuzu Finance v Silvex 399 CC and Another (EL2209-2022) [2024] ZAECELLC 10 (19 March 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL2209/2022

Judge

Cengani-Mbakaza

The court found that the plaintiff's amended particulars of claim set out the material facts and terms of the credit agreement and the alleged breach with sufficient clarity. The plaintiff's compliance with the National Credit Act, including the sending of the section 129 notice to the correct email address, was accepted as pleaded. The court held that the defendants failed to demonstrate that the particulars of claim were vague and embarrassing or that any embarrassment amounted to prejudice. Minor obscurities, if any, could be addressed by requesting further particulars rather than by excep…

Source excerpt

• Exception Procedure
• Vagueness And Embarrassment
• National Credit Act
• Suretyship
• Pleading Requirements

KPMG Services SA Limited v Betapoint Management Consultant (Pty) Ltd (51959/2021)

KPMG Services SA Limited v Betapoint Management Consultant (Pty) Ltd (51959/2021) [2024] ZAGPJHC 57 (24 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

51959/2021

Judge

Senyatsi M L

The High Court upheld KPMG’s first exception, finding the fee- निर्धination allegations under the agreement insufficiently pleaded, but dismissed the other two grounds.

• Exception Procedure
• Vagueness And Embarrassment
• Contractual Fee Disputes
• Pleading Requirements
• Exception-procedure
• Vagueness-and-embarrassment

TSI Communications CC v Omega M Projects (2022/13169)

TSI Communications CC v Omega M Projects (2022/13169) [2023] ZAGPJHC 1081 (27 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/13169

Judge

Dlamini

The High Court dismissed an exception to particulars of claim in a partnership dispute, holding that the actio pro socio may be brought during the partnership.

• Exception To Pleadings
• Actio Pro Socio
• Partnership Disputes
• Cause Of Action
• Profit Sharing
• Vagueness And Embarrassment

All-Gen Evolve (Pty) Ltd v Janse Van Rensburg (2021/39559)

All-Gen Evolve (Pty) Ltd v Janse Van Rensburg (2021/39559) [2023] ZAGPJHC 1013 (11 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/39559

Judge

Strydom

The High Court dismissed an exception to particulars of claim based on vagueness and alleged double cession, holding the pleading disclosed a cause of action.

• Exception Procedure
• Cession Of Debt
• Vagueness And Embarrassment
• Cause Of Action
• Contractual Damages
• Exception-procedure

Zimbabwe Consolidated Diamond Company v Smit Investment Holdings SA (Pty) Ltd t/a Gecko Projects (3105/2022)

Zimbabwe Consolidated Diamond Company v Smit Investment Holdings SA (Pty) Ltd t/a Gecko Projects (3105/2022) [2023] ZAECQBHC 48 (5 September 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

3105/2022

Judge

L Ellis

The High Court upheld exceptions to particulars of claim in an international contract dispute, finding the claim incorrectly framed and insufficiently pleaded.

• Exception Procedure
• International Contracts
• Proper Law Of Contract
• Unjust Enrichment
• Condictio Indebiti
• Vagueness And Embarrassment

Menzin (Pty) Ltd v Edwin Contruction (Pty) Ltd (657/2023)

Menzin (Pty) Ltd v Edwin Contruction (Pty) Ltd (657/2023) [2023] ZAFSHC 351 (4 September 2023)

Court

Free State High Court, Bloemfontein

Case number

657/2023

Judge

P R Cronjé

The court found that the particulars of claim were vague and embarrassing and failed to disclose a cause of action, as they lacked essential averments regarding the completion of works, invoicing, remuneration, and breach of contract. The plaintiff also failed to plead the basis for damages and the contractual review process. However, the court held that jurisdiction was established as the plaintiff is domiciled within the court's area and at least one element of the contract was alleged to have occurred there. The exception was upheld on the third, first fourth, and fifth grounds, and the pl…

Source excerpt

• Exception To Particulars Of Claim
• Vagueness And Embarrassment
• Jurisdiction
• Contractual Damages

Vallun v Malan and Another (47599/2021)

Vallun v Malan and Another (47599/2021) [2023] ZAGPPHC 611 (31 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

47599/2021

Judge

Nyathi

The High Court granted leave to amend particulars of claim, finding the proposed amendments sufficiently specific and rejecting objections that they were vague or prejudicial.

• Amendment Of Pleadings
• Exception Procedure
• Sale Of Members Interest
• Restoration Of Position
• Vagueness And Embarrassment
• Amendment-of-pleadings