(1) This is an application for an exception raised by the defendant against the Plaintiff’s particulars of claim in terms of Rule 23 of the uniform rules.
(2) The Plaintiff alleges that the Defendant was a sole director of the Plaintiffs with the effect from the 8th September 2015 until replaced in that position on the 10th of July 2018. That during the period March 2016 to March 2018, the Defendant made numerous unauthorised payments and transfers for his personal benefits from the Bank account of the Plaintiff.
(3) Plaintiff alleges that as a result of the said un-authorised payments and transfers, the Plaintiff suffered a loss and damage in the amount of (R2,918,807.79) being the sum of the un-authorised payments.
(4) The Defendant contends that the claim is vague and embarrassing and lacks averments which are necessary to sustain an action amongst others, for want of compliance with the provision of Rule 18 of the uniform Rules.
(5) The Plaintiff on the other hand contended the court should dismiss the Defendant’s exception that the exception is without merits and disclosure no cause of action.
(6) The Defendant raised several points in support of the exception. These points varies from failure on the part of the Plaintiff to attach or provide the main contract if they rely on the bank account to prove the unauthorised payments.