Cilliers NO and Others v Ellis and Another (200/2016) [2017] ZASCA 13 (17 March 2017)

Cilliers NO and Others v Ellis and Another (200/2016) [2017] ZASCA 13 (17 March 2017)

The Supreme Court of Appeal held that the order of the court a quo was not appealable as it lacked finality, was not definitive of the parties' rights, and did not dispose of any portion of the relief claimed. The proceedings in the court below were unterminated, and entertaining the appeal would result in piecemeal appellate disposal, which is contrary to established jurisprudence. Furthermore, Du Toit had perempted her right to appeal by abiding the judgment and not participating in the trial, and the substitution of Mrs Cilliers by the executrix of her estate was irregular as leave of the court was not sought. Consequently, there was no appellant with the necessary locus standi to...

Citation
[2017] ZASCA 13
Parties
Appellant: Catherine Claris Cilliers NO; Appellant: Catherine Claris Cilliers; Appellant: Delia du Toit NO; Respondent: Edward Ellis; Respondent: Lisa Ellis
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 March 2017
Case Number
200/2016
Procedural Posture
Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town
Outcome
Appeal dismissed with costs.
Judges
Ponnan, Willis, Zondi, Fourie, Nicholls
Legal Topics
Appealability of Orders, Locus Standi, Peremption of Appeal, Separation of Issues, Rule 33 4, Costs Orders
Civil Procedure Appealability of Orders Locus Standi Peremption of Appeal Separation of Issues Rule 33 4 Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Catherine Claris Cilliers NO

Appellant

Catherine Claris Cilliers

Appellant

Delia du Toit NO

Appellant

Edward Ellis

Respondent

Lisa Ellis

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town

Legal Issues

  1. 1 Whether the order of the court a quo is appealable.
  2. 2 Whether the appellants have locus standi to pursue the appeal.
  3. 3 Whether the conduct of Du Toit constituted peremption of the right to appeal.

Ratio Decidendi

The Supreme Court of Appeal held that the order of the court a quo was not appealable as it lacked finality, was not definitive of the parties' rights, and did not dispose of any portion of the relief claimed. The proceedings in the court below were unterminated, and entertaining the appeal would result in piecemeal appellate disposal, which is contrary to established jurisprudence. Furthermore, Du Toit had perempted her right to appeal by abiding the judgment and not participating in the trial, and the substitution of Mrs Cilliers by the executrix of her estate was irregular as leave of the court was not sought. Consequently, there was no appellant with the necessary locus standi to...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs, which costs are to be borne, jointly and severally, by the deceased estates of Mr J R Cilliers and Mrs C C Cilliers.