CIVIL PRACTICE AND PROCEDURE – EXCEPTION – PARTICULARS OF CLAIM NOT DISCLOSING CUASE OF ACTION, ALTERNATIVELY, VAGUE AND EMBARRASSING. Arch Resources (Pty) Ltd v Candino Mining & Construction CC NAHCMD (13 October 2023)

Arch Resources (Pty) Ltd, the plaintiff, filed a lawsuit against Candino Mining and Construction CC, a close corporation, and Jurius Nkoshi, a prominent male businessman. The plaintiff sought to address an exception raised under Rule 57 of the court rules. The exception argued that the plaintiff's particulars of claim failed to establish a valid cause of action or were, alternatively, vague and embarrassing. Initially, the parties attempted to resolve the matter amicably, following the provisions of Rule 57(2). However, they were unable to reach an agreement, leading to the hearing of the exception . . .

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