Responses to Defective Pleadings/Noncompliance with Rules

Question 1

What Procedures may be used to attack defective pleadings?

Answer 1

• Exception
• Application to strike Out
• Irregular Proceedings

Question 2

What is an exception and list the grounds therefor

Answer 2

An exception is a legal objection to a pleading, the objection being that the pleading as it stands is not legally valid for its purpose

2 grounds:

1) The Pleading fails to disclose COA or Defence
2) The pleading is vague and embarrassing

Question 3

Types of essential averments that are missing from the Plaintiffs Particulars of Claim

Answer 3

• there is no allegation that the defendant consented to the jurisdiction
• no allegation that the goods were delivered
• no allegation that the plaintiff was the owner of the vehicle or that its value prior to the accident is greater than the claim for damages
• no allegation that cheque was duly presented/dishonoured
• no allegation that the defendant is required to act in accordance with the standards required of a medical practitioner or that he was negligent
• there is no allegation that the defendant acted unlawfully

Question 4

Prepare document excluding heading and ending that you would draw as a consequence of the absence of essential averments concerned

Answer 4

Exception

Please take notice that the Defendant excepts to the Plaintiffs summons on the grounds that it does not disclose a cause of action in that the Plaintiff does not allege that the goods were delivered to the defendant. Further take notice that this exception has been set down for hearing by this honourable court on the ___ day of ___ 2020 at 09:00 am.

Question 5

Please advise client what action can be taken where your client receives a summons. He has entered an appearance to defend but considers the Summons to be vague and embarrassing.

Answer 5

As the pleadings is vague and embarrassing the defendant shall provide a notice to the plaintiff providing them with the oppurtunity of removing the cause of complaint within 15 days.
Should the Plaintiff not remove the cause of complaint with the stipulated time then the defendant would file an Exception.