Dell v Demajistre and Others (Reasons) (A187/2024) [2025] ZAGPPHC 206 (12 March 2025)
- Citation
- [2025] ZAGPPHC 206
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- S. Potterill, M.P. Motha, M. Mokadikoa-Chauke
- Case number
- A187/2024
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- S. Potterill, M.P. Motha, M. Mokadikoa-Chauke
- Case number
- A187/2024
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Ralph Denis Dell
Appellant Counsel: In personRobert Demajistre
RespondentHermann Winkler
RespondentPerry Trechak
RespondentDavid Allen
RespondentMaria (Marleen) Willemse
RespondentHerbert Winkler
RespondentPhillip Kaltenbacher
Respondent03
Procedural history
Posture
Civil Appeal / Reasons for Judgment Following Striking From the Roll
04
Questions and positions
Legal issues
- 01
Is the order of Strydom AJ, striking the matter from the roll, appealable?
- 02
Does the order constitute a final judgment permitting appeal?
Party arguments
- Applicant
- The appellant appeared in person and sought to appeal the order of Strydom AJ, which struck the matter from the roll. The appellant contended that the order was adverse and should be subject to appeal.
- Respondent
- There was no appearance for the respondents and no argument was presented on their behalf.
05
Court’s reasoning
Legal principles
- 01
South African appellate procedure principles
An order striking a matter from the roll is not final and therefore not appealable.
- 02
Section 16(1)(a) of the Superior Courts Act 10 of 2013
Only final judgments or orders are subject to appeal.
06
Ratio, limits and disposition
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.
Obiter and limits
- The judgment was handed down electronically and circulated to the parties and their legal representatives.
- The absence of respondents or their representatives was noted at the hearing.
Court disposition
The appeal was not entertained as the order was not appealable. The matter was removed from the roll.
- The matter is removed from the roll.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case Number: A187/2024
(1) REPORTABLE: NO.
(2) OF INTEREST TO OTHER JUDGES: NO.
(3) REVISED.
DATE 2025-03-12
SIGNATURE
In the matter between:
RALPH
DENIS
DELL
Appellant
and
ROBERT
DEMAJISTRE
First Respondent
HERMANN
WINKLER
Second Respondent
PERRY
TRECHAK
Third Respondent
DAVID
ALLEN
Fourth Respondent
MARIA (MARLEEN)
WILLEMSE
Fifth Respondent
HERBERT
WINKLER
Sixth Respondent
PHILLIP
KALTENBACHER
Seventh Respondent
This judgment was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the Parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines. The date for handing down is deemed to be 12 March 2025.
REASONS FOR JUDGMENT
POTTERILL J (MOTHA J ET MOKADIKOA-CHAUKE AJ concurring)
[1] The order of Strydom AJ, striking the matter from the roll, is not appealable. The order is not final and therefore this Court cannot entertain it as an appeal.
[2] The matter is therefore removed from the roll.
S.
POTTERILL
JUDGE
OF THE HIGH COURT
I agree
M.P.
MOTHA
M. MOKADIKOA-CHAUKE
ACTING
JUDGE OF THE HIGH COURT
CASE NO: A187/2024
HEARD ON: 6 March 2025 FOR THE APPELLANT: In person FOR THE RESPONDENTS:
NO
APPEARANCE
DATE OF REASONS FOR JUDGMENT: 12 March 2025
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