An exception and a special plea fall under the genus “Alternatives to pleading to the merits; forms”. Whilst the stated matter is the case, the two are not the same. They are markedly different from each other.
Herbestein & Van Winsen articulate the difference which exists between a special plea and an exception. They do so in The Civil Practice of the Supreme Courts of South Africa, 5th ed Volume 1 pp 599-600. More
On the 17th day of March 2023, I handed down judgment ex tempore as follows
1. The respondents shall, jointly and severally with the one paying the other to be absolved pay applicant the total sum of US$ 2,500,000 (Two Million Five Hundred Thousand United States Dollars only.
2. The 1st respondent’s 2 Zimbabwean registered aircrafts namely, Boeing 737-500 Z FAA and Boeing -500-Z-FAB be and are hereby declared specially executable.
3. The respondents shall pay costs of suit. More
This is an application for a Caveat or for the placement of the following. Immovable property registered in favour of the first respondent under judicial attachment; a certain piece of land situate in the district of Salisbury, called Stand 173 Willowvale Township of Willovale measuring 7438 square metres, held under Deed of Transfer No 6366/88 (the property). More
This is an opposed application in terms of which first applicant made an application for the sequestration of respondent’s estate and for the appointment of a Provisional Trustee in terms of s 12 of the Insolvency Act [Chapter 6:04]. More
The respondent was served with the applicant’s heads of argument on 23 May 2011. In terms of r 238 (2a) of the High Court Rules, as the respondent is represented by a legal practitioner, the said legal practitioner was required to file heads of argument not more than ten days after receiving the applicant’s heads of argument. More
