oa De Rebus - Civil procedure



An exception is a pleading in which a party objects to the summons or plea, as the case may be, on the basis of an inherent defect in the formulation of the particulars of claim in the summons, or of the plea. The object is to cut the proceedings short, because it is unfair to put the aggrieved party, who is prejudiced in the conduct of his case by a defect in the summons or plea, through the expense of the whole process. Exceptions provide a useful mechanism to weed out cases without legal merit (Telematrix (Pty) Ltd t/a Matrix Vehicle Tracking v Advertising Standards Authority SA 2006 (1) SA 461 (SCA) par 3 at 465H).


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