mavii

Summary: Exception- the defendant raised four (4) grounds of exception on the basis that the particulars of claim are vague and embarrassing, complained about paucity of information, resulting in its ability to decipher the case is called upon to meet, misconstrued the applicable principles relating to exception, complaining about lack of ...

In terms of rule 23(1)(a), upon receipt of summons, the defendant who, like the respondents in casu, takes exception to particulars of claim, must within the 10 day period allotted, not only decide whether or not to defend the action but also to form a view whether they can adequately plead to the particulars of claim as they stand. If they ...

[1] This is an exception raised by the defendants against the particulars of claim where the plaintiff seeks a declaration that the defendants are in contempt of court for failure to comply with a court order. The defendants contend that the particulars of claim do not disclose or sustain a cause of action. The exception is opposed. The parties

Exception and Notice to Set Aside” amounts to an abuse of process, as many litigants deliver large amounts of individual Exceptions, contained in one document, each of which relates to a specific paragraph of the Particulars of Claim, and not the Particulars of Claim as a whole. In my opinion, this is contrary to the spirit and purpose of

“Exceptions should be dealt with sensibly. They provide a useful mechanism to weed out cases without legal merit. ... Annexure D to the particulars of claim was the default judgment order which reflected that it was granted by agreement between the parties. On this basis alone the Court had concluded that the particulars of claim did not ...

[1] This is an exception application brought by the defendants to the plaintiff’s particulars of claim, on the basis that the plaintiff did not adhere to the Uniform Rules of Court and that the particulars of claim are vague and embarrassing and or lack the averments necessary to sustain a cause of action.

An exception may be raised when a summons or a pleading has an inherent defect. The main object of raising an exception is to shorten the legal proceedings because it would be unfair or prejudicial to one party if the matter were to continue. ... The grounds for an exception to pleadings in general (i.e. summons, particulars of claim or plea ...

After the first analysis and before drafting a plea, consider whether to except, whether sufficient allegations of fact have been made to justify the conclusion of law set out in the particulars of claim. If an exception is to be raised based on the particulars of claim being contradictory or vague and embarrassing, note must be taken of the ...

An exception concluded upon the enmity that the particulars of claim, plea or declaration excepted to, avers no cause of action, or that it lacks averments necessary to sustain a defense, is ...

provisions that regulate pleadings, exceptions and irregular steps as set out earlier in this short judgment, it is clear that there is a case for the exception to succeed. [31] I accordingly make the following order: The defendants’ exception is upheld and the plaintiff’s amended particulars of claim is set aside as an irregular step.

The purpose of the particulars of claim or pleading must be clear in that it alerts the court to all the issues upon which it places its reliance, thus a certain degree of precision is required. In the event that there is more than one claim in the pleadings, each claim must in itself disclose a cause of action.

The purpose of the particulars of claim or pleading must be clear in that it alerts the court to all the issues upon which it places its reliance, thus a certain degree of precision is required. In the event that there is more than one claim in the pleadings, each claim must in itself disclose a cause of action. If the material facts

be embarrassed if they were to plead to the particulars of claim as they stand, their reliance is predominantly on the ground that the particulars of claim lack averments necessary to sustain a cause of action. [15] In Trope v South African Reserve Bank3, the following is stated: “An exception to a pleading on the ground that it is vague and

Raising an exception when the particulars of claim, served as an annexure to the divorce summons, have not disclosed the cause of action.. In terms of the court rules, once a summons is served on a defendant, that defendant has ten days to file a notice of intention to defend.He or she then has a further twenty days to file a plea or exception, with or without a claim in reconvention.

Netcare took exception to Ms Nengovhela’s particulars of claim, on the grounds that they were vague and embarrassing and that they did not comply with Rule 18, in four discrete respects. All four of Netcare’s complaints related to a lack of particularity in the way Ms Nengovhela pleaded her damages.

The particulars of claim also raise “poaching of target customers” or “solicitation of current customers” as a relevant concern justifying injunctive relief. I should say immediately that point “poaching of target customers” is unlikely to be a ground for injunctive relief unless it can be established that the prospective customer ...

High Court of South Africa, Western Cape Division: In this case before a Single Judge Bench of K M Savage, J., defendant had raised an exception to the particulars of claim of plaintiff that the particulars failed to show cause of action. Plaintiff and defendant had entered into a written master sale agreement incorporating a number of conditions of sale.

Raising an Exception in the Magistrates Court and The Potential Consequence of the Vexatious Litigation thereof. Rule 18(4) of the Uniform Rules of Court states that “every pleading shall contain a clear and concise statement of the material facts upon which the pleader relies for his claim, defence or answer to any pleading as the case may be, with sufficient particularity to enable the ...

[3] The defendant delivered a notice in terms of rule 23(1)(a) of the Uniform Rules of Court. The plaintiff did not remove the cause of complaint, instead it filed its amended particulars of claim. [4] In response to the plaintiff’s amended particulars of claim, the defendant delivered a notice of exception on 24 June 2021.