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AI summary
The High Court upheld an exception to Lornacom’s particulars of claim against PPC Cement SA. The court found that the pleading did not adequately set out a binding contract, and that Claims 1, 2 and 3 were insufficiently pleaded and materially vague and embarrassing.
This may be relevant to parties involved in pleading disputes, contractual claims and delictual claims.
Evidence from source
The defendant's exception is upheld. 2. The plaintiff's particulars of claim are struck out. 3. The plaintiff is granted leave to amend its particulars of claim within 15 days of this order.
Supports: Summary of the outcome and the amendment period
the particulars fail adequately to plead a binding contract, fail to disclose complete contractual or delictual causes of action in respect of Claims 1 and 2, and fail sufficiently to plead the standing-time and repudiation damages claims.
Supports: Summary of the court's reasons
The plaintiff shall pay the costs of the exception on scale C.
Supports: Additional order made by the court