Saint-Gobain Construction (Pty) Ltd v Mathula Investment and Construction CC and Others (112275/2023) [2026] ZAGPJHC 56 (21 January 2026)

40 Reportability
Civil Procedure

Brief Summary

Civil Procedure — Pleadings — Application to compel further particulars — Plaintiff alleging fraud and unjustified enrichment against defendants — Defendants' plea consisting of bare denial — Court finding bare denial insufficient to disclose a defence, particularly regarding unjustified enrichment — Application granted for further particulars to be provided.

IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO : 112275/2023
DATE : 21 -01 -2026




In the matter between
SAINT-GOBAIN CONSTRUCTION (PTY) LTD Plaintiff
and
MATHULA INVESTMENT AN D
CONSTRUCTION CC AND OTHERS Defendant s


J U D G M E N T EX TEMPORE

WILSON , J: The plaintiff brings a claim for fraud and
unjustified enrichment against the defendants. This is an
application to compel a response to the plaintiff’s request for
further particulars.
The plea fi led in respect of both the claim for fraud and
the claim for unjustified enrichment consist s in substance of a
bare denial. The plaintiff took the v iew, quite understandably ,
that the bare denial was insufficient to disclose a defence - at
least to the claim for unjustified enrichment. In order to work
out what the defence to the enrichment claim is, the plaintiff

DELETE WHICH EVER IS NOT APPLICABLE
(1) REPORTABLE : NO
(2) OF INTEREST TO OTHER JUDGES : NO
(3) REVISED


SIGN ATURE DATE: 21 January 2026