Dietrichsen v Dietrichsen and Others [1911] ZATPD 23 (15 March 1911)

Practice - Pleading - Declaration - Claim against Several Defendants - Disclosure of Claim against each severally - Claim for Transfer of Land against Owners and Usufructuary

A declaration alleged that X. and Y. were entitled to a certain farm, subject to the life usufruct of Z., and that the former two with the consent of the latter had sold the farm to the plaintiff. Further it was alleged that X. and Y., in breach of the contract of sale, had failed to give transfer of the farm, and it was prayed that X., Y and Z should be ordered to pass transfer or, alternately, to pay damages.

Held, on exception, that the declaration disclosed no cause of action against Z.