Dell v Demajistre and Others (Reasons) (A187/2024) [2025] ZAGPPHC 206 (12 March 2025)

Dell v Demajistre and Others (Reasons) (A187/2024) [2025] ZAGPPHC 206 (12 March 2025)

The Court held that the order of Strydom AJ, which struck the matter from the roll, does not constitute a final judgment or order. As such, it is not appealable in terms of South African law. The appeal was not entertained and the matter was removed from the roll.

Citation
[2025] ZAGPPHC 206
Parties
Appellant: Ralph Denis Dell; Respondent: Robert Demajistre; Respondent: Hermann Winkler; Respondent: Perry Trechak; Respondent: David Allen; Respondent: Maria (Marleen) Willemse; Respondent: Herbert Winkler; Respondent: Phillip Kaltenbacher
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 March 2025
Case Number
A187/2024
Procedural Posture
Civil Appeal / Reasons for Judgment Following Striking From the Roll
Outcome
The appeal was not entertained as the order was not appealable. The matter was removed from the roll.
Judges
S. Potterill, M.P. Motha, M. Mokadikoa-Chauke
Legal Topics
Striking From the Roll, Appealability of Orders, Finality of Orders
Civil Procedure Striking From the Roll Appealability of Orders Finality of Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Ralph Denis Dell

Appellant

Robert Demajistre

Respondent

Hermann Winkler

Respondent

Perry Trechak

Respondent

David Allen

Respondent

Maria (Marleen) Willemse

Respondent

Herbert Winkler

Respondent

Phillip Kaltenbacher

Respondent

Procedural Posture

Civil Appeal / Reasons for Judgment Following Striking From the Roll

Legal Issues

  1. 1 Is the order of Strydom AJ, striking the matter from the roll, appealable?
  2. 2 Does the order constitute a final judgment permitting appeal?

Ratio Decidendi

The Court held that the order of Strydom AJ, which struck the matter from the roll, does not constitute a final judgment or order. As such, it is not appealable in terms of South African law. The appeal was not entertained and the matter was removed from the roll.

Court Disposition

The appeal was not entertained as the order was not appealable. The matter was removed from the roll.

Orders

  • The matter is removed from the roll.