Defective Pleadings

Question 1

What is the defective pleading

Answer 1

The purpose of pleadings is to define concisely and accurately the issues in a matter. Defective pleadings others that failed to for full this purpose adequately or that do not comply with the relevant rules of court

Question 2

List to procedures that may be used to attack different types of defective pleadings

Answer 2

Exception

An application to strike out

Question 3

What is an exception

Answer 3

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

Question 4

Which rules govern exceptions

Answer 4

Rule 23(1) Of the High Court rules

Rule 19(1) Of the magistrate court rules

Question 5

Give two grounds for taking exception

Answer 5

The pleading fails to disclose a cause of action or defence

The pleading is vague and embarrassing

Question 6

What do you understand regarding the exception on the grounds that a pleading is vague and embarrassing

Answer 6

A pleading may disclose a course of action or defence that may have been drafted in such a way that the pleading is ambiguous or lacks clarity

To constitute sufficient grounds for an exception the vagueness of the pleading must be such that it will result in prejudice or embarrassment to the opposing side if it is allowed to persist

This strikes at the formulation of the cause of action and not its validity