HIGH COURT OF LESOTHO
matter of :
MOTLOUNG 1st Defendant
MAFETENG (Pty) Ltd 2nd Defendant
by the . Justice M.L. Lehohla on the 30th day of May. 1988.
an application moved by defendants to compel plaintiff to furnish
further particulars requested in paragraph 3 of the defendants'
request for further particulars in relation to plaintiff's
declaration in paragraph 7.
Declaration reads :'-
"It is plaintiff's contention that the said purported dismissal
is unlawful in as much as it amounts to violation of the contract
employment between plaintiff and defendants. In the result plaintiff
has suffered damages in the sum of M60,000. Plaintiff holds
response to contents of this paragraph defendants' put the following
7.1 Plaintiff is required to specify the term of the contract that
has been violated as alleged.
7.2 Have the defendants violated an express terms of the contract. If
it. is an implied term the plaintiff is required to state
circumstances from which such term can be implied. If it' is an
exrpress term the plaintiff is required to state where it is
expressed as such.
of these questions plaintiff "replied by saying "Matter for
paragraph 9 of his declaration plaintiff . states that
"Plaintiff 's contention is that the purported. dismissal
amounts also to unilateral repudiation of the contract between
plaintiff and defendants, an act which is unlawful. In the result
plaintiff suffered damages in . the sum of.M10,000. Plaintiff
paragraph 8 plaintiff charges that because the purported dismissal by
defendant's was based on alleged insubordination and inefficiency
feels not only insulted in his profession as a Hotelier but also that
the allegations therein amount to defamation of character.
M60,000 damages for this against defendants.
respect of paragraph 9 of the declaration defendants requested
further particulars as follows :-'
9.1 Has the plaintiff accepted the alleged repudiation?
9.2 What makes the alleged repudiation unlawful as alleged?
response to these questions plaintiff answered the first in the
affirmative and the second by stating that it was a "matter
on Rule 20(4) Mr. Matsau submitted that pleadings must be clear and
concise to enable the opposing party to know what case
he is to meet.
To meet this requirement there has to be sufficient particularity to
enable a reply thereto by the other party.
appears that plaintiff's action is based on contract. In response to
para. 6 page 5 of the declaration defendants requested a
of the letter of dismissal in para. 5.3 (ii) but plaintiff.
that this was not necessary to enable defendants to plead.
submitted however that the question put to plaintiff was a fair one
and that the supply of the letter of dismissal would
defendants' to plead. Further that this request was on all fours with
the spirit and 1etter of Rule 25(1) which sets out
the purpose for
furnishing further particulars in pleading, namely to enable the
party to plead or tender an amount in settlement
of the claim.
Submitting that compliance with the request was strictly necessary it
was pointed out that because plaintiff alleges
that the contract has
been violated he is obliged to let defendants know what term of the
contract it is.
would enable the court to know beforehand issues before it not Just
when the trial is going on and when an impression is created
much indulgence in a fishing expedition has been condoned to enable
the interested party to secure evidence which he could
secured on papers without any waste of time.
May 1988 I made a ruling that "application to compel succeeds
with costs. Further particulars to be furnished within
periods set out in the rules taking to-day i.e. 30-5-88 as the
starting point i.e. date of notice of delivery of the
further particulars," That ruling still stands.
J U D G
Plaintiff : Mr.Mohau
Defendants : Mr. Matsau.
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