[1] The 1st & 2nd plaintiffs have sued the 1st defendant, to whom I shall refer herein as the Excipient, for specific performance and damages, respectively, arising out of an alleged breach of contract. The excipient has taken exception to both claims in the declarations filed by the plaintiffs on the basis that the particulars contained therein lack averments necessary to sustain a cause of action alternatively are vague and embarrassing.

[2] The first plaintiff, a trust, was the owner of a building site situated at the Loch Logan Waterfront in Bloemfontein. On 20 October 2005 the 1st plaintiff sold the property to the 2nd plaintiff which, at the time, was registered as Basfour 3213 Pty Ltd. The property was registered in the name of Basfour on 30 November 2005. On 2 December 2005 2nd plaintiff changed its name to Loch Logan Waterfront. In terms of clause 11.2.4 of the sale agreement between 1st & 2nd plaintiff it was recorded that the property would be an income earning activity and that the 2nd plaintiff would be placed in possession of a going concern on date of registration of transfer of the property into its name.

[3] On 3 July 2005 the 1st plaintiff entered into a written agreement (“the principal agreement”) with 2nd defendant, a building contractor, for the construction of a new shopping mall as well as additions to the existing shopping centre situated at the Loch Logan Waterfront, Bloemfontein (“the project”). In conformity with the joint Building Contracts Committee (“J BCC”) of South Africa. Nominated/Selected Sub-contract agreement and the principal agreement, second defendant appointed the Excipient as sub-contractor for the post tensioning reinforcement subcontract on 4 October 2005 and entered into a written sub-contractors agreement with the Excipient.