The High Court dealt with an exception and a composite application filed by the plaintiffs in response to that exception. The court held that the plaintiffs’ composite application was incompetent, upheld the exception, and set aside the particulars of claim, while granting leave to amend within 15 days. The judgment discusses the pleaded enrichment claim, the alleged 75-day rule, and several procedural grounds including locus standi, pleading of a recognised condictio, and vagueness in the global amount claimed.
This may be relevant to litigants and practitioners dealing with pleading exceptions, enrichment claims, and procedural attacks on interlocutory steps.
Evidence from source
The Plaintiffs are granted leave to deliver amended particulars of claim within 15 (fifteen) days of the date of this order.
Supports: Summary claim that leave to amend was granted within 15 days