12/10/2026
EXPLANATION OF COMMON LEGAL TERMS:
PARTICULARS OF CLAIM
In South African civil litigation, particulars of claim is a formal document attached to a combined summons that sets out the plaintiff’s case, including who is suing, who is being sued, the legal grounds for the claim, and the facts supporting it. They are essential for enabling the defendant to understand and respond to the allegations.
Particulars of claim must include the following:
1. Parties’ details – Full names, ID numbers, addresses and capacity (for example, as a guardian, executor or in an official capacity).
2. Cause of action – The legal basis of the claim (for example, breach of contract, delict or unjustified enrichment) and the facts supporting it.
3. Factual background – A clear narrative of the events leading to the claim.
4. Relief sought – The specific orders or remedies requested (for example, damages, specific performance or a declaratory order).
5. Jurisdiction and venue – The court and division in which the action is brought.
Example:
In a divorce case, the particulars of claim might set out the parties’ identities, the breakdown of the marriage, the reasons for the claim (for example, adultery or abuse), and the relief sought, such as custody of children and access rights.
In a contract dispute, the particulars of claim would set out the terms of the contract, the alleged breach and the damages claimed.
- Reneilwe Kgwale
