Facilegis – Legal Forms and Templates

Application to strike out

Application to strike out

An application to strike out is also an interlocutory application procedure. Interlocutory applications are dealt with in the chapter ‘Applications’.

This application is aimed at individual allegations or paragraphs of the pleading while an exception is aimed at the whole claim or defence. The purpose of the application is to remove scandalous, vexatious or irrelevant matter from the pleading.

The list of rounds to strike out an allegation is not exhaustive and the court has a discretion to strike out such matter and will only grant the application if the innocent party can show that he will suffer prejudice if the offending allegations are to remain in the pleading. As such he must allege and prove the prejudice he will suffer.

The prayer in the notice of motion must precisely specify the material to be struck out, line by line and paragraph by paragraph. The affidavit must state the grounds for suggesting that the offending allegations are ‘scandalous’, ‘vexatious’ or ‘irrelevant’, and what prejudice will be suffered if it remains.

  • Scandalous allegations: if they state matters which are indecent or offensive or made for the mere purpose of abusing or prejudicing the opposite party.
  • Vexatious allegations: if it lacks bona fides and is hopeless or oppressive and tends to cause the opposite party unnecessary anxiety, trouble and expense.
  • Irrelevant allegations: if it is irrelevant to the issues raised on the pleadings, i.e. allegations which do not apply to the matter in hand and do not contribute one way or the other to a decision of such matter.

The onus of showing that the allegations must be struck out rests on the applicant and further pleadings are suspended until the court has ruled on the application.

The rules of court make provision for setting aside irregular proceedings. With regards to pleadings it is aimed at irregularities of form and not substance. The applicant must also show that he will suffer prejudice and a notice must also be given to the offending party.

For more go to Notes on action (trial) proceedings