REPORTABLE JUDGMENT

Republic of South Africa
IN THE HIGH COURT OF SOUTH AFRICA 
(CAPE OF GOOD HOPE PROVINCIAL DIVISION)
Case No: 2819/2012
In the matter between:

and

Counsel for the Plaintiff:			
Instructing Attorneys

IN THE HIGH COURT OF SOUTH AFRICA 
(WESTERN CAPE HIGH COURT, CAPE TOWN)
Case No:2819/2012

In the matter between:

and

WALLACE TRUSTEES AND 		

JUDGMENT DELIVERED ON 20 NOVEMBER 2012
MANSINGH, AJ
[1] The plaintiff claims delictual damages in the amount of R410 500,00 arising from the destruction and/or disposal of plaintiffs property, one fibreglass deck plug, alleging that the first defendant, acting within the course and scope of his employment with the second defendant, was instrumental thereto. The defendants take exception to the particulars of the plaintiffs claim on the ground that it lacks averments to sustain a cause of action.

1]	

which the second defendant is vicariously liable.

(Mukheiber v Raath and Another 1999 (3) SA 1065 (SCA) para [6])
[4] The exception raises these discernible issues:

Non-joinder
[5] The particulars of claim is plainly open for an interpretation that the plaintiff claims damages from the first defendant personally (as opposed to his capacity as liquidator of the close corporation in liquidation), and vicariously from the second defendant on account of the delictual conduct of the second defendant. Thus, it is not necessary to join the first defendant’s co-liquidators.
Possession

Legal Duty

The exception is dismissed with costs.
MANSINGH, AJ