[1] This is an exception against averments in the respondent’s (plaintiff in the main action) particulars of claim.  The plaintiff instituted an action against the excipient (defendant in the main action) for restitution for monies paid out to the defendant pursuant to an alleged illegal agreement.  The plaintiff opposes the exception.

Factual Background

[2] On 30 July 2013 the plaintiff instituted an action against the defendant for repayment of the sum of R 187 222, 16, being the aggregate payment made by the plaintiff to the defendant for the three months that the defendant was the acting Principal Officer of the plaintiff whilst he was also a trustee of the plaintiff and being remunerated as such.

[3] On 26 September 2013 the defendant delivered a notice to remove a cause of complainant in terms of Rule 23[1] in terms of which it averred that the plaintiff’s pleadings were both vague and embarrassing and failed to disclose a cause of action.  The plaintiff brought a notice in terms of Rule 28 in terms of which it amended its particulars of claim.  No objection having been received, the amended pages were delivered to the defendant on 07 November 2013.

[4] On 15 November 2013, the defendant again delivered a new Rule 23 notice to the plaintiff to remove a cause of complaint in terms of which it averred that the plaintiff’s amended pleadings were both vague and embarrassing and failed to disclose a cause of action.  A notice of exception was subsequently delivered to the plaintiff on 9 December 2013, which exception is before the court.