INTERCITY R & S LIMITED vs. FLECK ELEKTROINSTALLATIONEN GMBH & ANOR.

I have listened to the submissions for and against the application filed by the 1st Defendant/Applicant (hereinafter called the Applicant) to strike out the Plaintiff/Respondent (hereinafter called the Respondent) pleadings. I have also gone through the documents filed in this application. Before I will address the main issue as to whether the application should be granted or not, I wish to comment on the Respondent’s relief ‘a’ on the writ of summons. The Respondent has asked for a quantifiable figure of 214,000.00 Euros in the pleadings. However, the Respondent failed to give particulars as to how it arrived at that figure. Counsel for the Respondent contended that they will lead evidence to establish it. However, that is wrong in terms of procedure regarding pleadings. The law is settled that it is not enough for Plaintiff to endorse a quantifiable loss on a writ of summons and not give particulars. The pleadings must contain the particulars as to how the Plaintiff a...