Just to clarify: an exception (what the PIC raised) IS an attempt to have the case thrown out. And they succeeded. So at present, there is no case.
In the same spirit that your message was sent, I’d like to point out that this legal matter became a ‘case’ as soon as a
case number was assigned to it.
Also, contrary to your assertion, they have not as yet succeeded. Nor do I think that they will.
There are two valid reasons to raise an exception, viz the claim
lacks averments to sustain a cause of action, and/or the claim is
vague and embarrassing.
Have a look at the court judgement in which the exceptions were upheld. The judge declared that a cause of action does actually exist. This nullifies the first possible reason, as well as the second. This is essentially why that ruling was appealed. Just as I believe that any person sufficiently trained in law would. Because a cause of action exists, none of the exceptions should have been upheld. A pleading is only excipiable on the basis that no possible evidence led on the pleading can disclose a cause of action.
These guys are not really trying to have this case dismissed. Their actions, or the course of action which they have chosen to follow, leads me to believe that they’re hoping to (at the very least) have the commencement of the trial delayed on technicalities. Their ideal goal seems to be that it would never go to trial.
At no point did they present anything that would suggest the claim is not a valid one. At least this is what can be deduced from reading the court judgements.
Although I don’t believe that the amount of the claim can be successfully substantiated, all evidence points to the fact that this family has a reasonable chance of proving their case in a court of law.
I do not agree with any potential scams being run under the guise of raising funds for legal fees, but I maintain that I am keeping an eye on these proceedings to see whether the estate that filed the claim is successful.