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2025
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[2025] ZAGPPHC 498
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Maboni Projects (Pty) Ltd v Motheo Construction Group and Another (2023/023364) [2025] ZAGPPHC 498 (16 May 2025)
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
[1]
See
Tembani v President of the RSA
2023 (1) SA 432
(SCA) at [16]