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Belet Industries CC t/a Belet Cellular v MTN Service Provider (Pty) Ltd (936/2013) [2014] ZASCA 181

Belet Industries CC t/a Belet Cellular v MTN Service Provider (Pty) Ltd (936/2013) [2014] ZASCA 181
Photo by Duane Daws

28th November 2014

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  • Belet Industries CC t/a Belet Cellular v MTN Service Provider (Pty) Ltd (936/2013) [2014] ZASCA 181
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Summary:  Practice – Pleadings – Exception on ground that particulars of claim bad in law because term of contract limiting liability of the parties to each other prohibits the recovery of the type of damages claimed – Language of the limitation clause, when read in the context of the agreement as a whole, not clear – Excipient did not establish that limitation clause cannot reasonably bear the meaning contended for by the appellant – Appeal upheld.

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