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AI summary
The judgment concerns an exception taken by ABSA Bank against Mr Shuma’s particulars of claim. The court said the pleaded policy provisions were triggered only by underperformance, while Mr Shuma had not pleaded underperformance, so the exception was upheld and he was given 10 days to amend his particulars of claim.
This appears to concern employment-related pleading issues and reliance on an internal policy in a damages claim.
Evidence from source
ABSA takes exception to Mr Shuma's particulars of claim.
Supports: The judgment concerns an exception taken by ABSA Bank against Mr Shuma’s particulars of claim.
the underperformance provisions of the policy simply do not on apply the face of the particulars.
Supports: The court said the pleaded policy provisions were triggered only by underperformance, while Mr Shuma had not pleaded underperformance.
Mr Baloyi, who appeared for Mr Shuma, accepted that 10 days to amend Mr Shuma's particulars of claim would be appropriate.
Supports: Mr Shuma was given 10 days to amend his particulars of claim.