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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

CASE Number: 2023/023364

(1)     REPORTABLE: NO

(2)     OF INTEREST TO OTHER JUDGES: NO

(3)     REVISED: NO

              16 May 2025

 

In the matters between:-

 

MABONI PROJECTS (PTY) LTD                                                                              Plaintiff

 

and

 

MOTHEO CONSTRUCTION GROUP                                             1^st Defendant/Excipient

 

KOERT MENZIWA CEILING AND PARTITION

(PTY) LTD                                                                                                        2^nd Defendant

JUDGMENT

JACOBS AJ

[1]      This is exception taken by the first defendant to the plaintiff’s particulars of claim on the basis that it is vague and embarrasing. The grounds of objection are catalogued in the notice of exception and include reference to various rules of court which the plaintiff did not comply with which results in the alleged excepiability of its particulars of claim.

 

[2]     Initially the plaintiff challenged the first defendant’s exception with a notice and application in terms of rule 30 but that process was not persisted with.  The matter was heard in open court and there was no appearnce on 13 or 14 May 2025 on behalf of the plaintiff. 

 

[3]       All the complaints catalogued by the first defendant in its notice of exception dated 10 July 2023 are valid.  In my view, the pleading, if allowed to stand, shall make it impossible for a trial court to recognise the claim irrespective of the facts as they might emerge at the trial.  It is one of the purposes of a pleading to distil the dispute by way of pleading and the plaintiff’s particulars of claim falls foul of this requirement.[1]

 

[4]       Under the circumstances I grant the following order:

1.             The exception is upheld with costs and the particulars of claim is struck out. 

2.             The plaintiff is afforded 30 days of the date of this order to, if so advised, deliver an amended particulars of claim.

3.             The costs awarded in 1 above shall include the costs of counsel on scale B.

 

                                                   H F JACOBS

                                                   ACTING Judge of the High Court

                                                   GAUTENG DIVISION, PRETORIA

For the excipient:	Adv S Mchunu
Instructed by:	Cox Yeats Attorneys Incorporated
	C/O Couzyn Hertzog & Horak
For the respondent:	No appearance
Heard on:	12 May 2025
Date of Judgment:	16 May 2025

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