Eksteen v Land and Agricultural Development Bank of South Africa (201/2020) [2021] ZAFSHC 201 (2 September 2021)

Eksteen v Land and Agricultural Development Bank of South Africa (201/2020) [2021] ZAFSHC 201 (2 September 2021)

The court found that Wright AJ's order was final in effect, as it granted immediate relief and would not be reconsidered in subsequent proceedings. The suspension of execution was for a specified period and not contingent on the outcome of the appeal, thus constituting a final order. The applicant failed to establish exceptional circumstances as required by section 18(1) of the Superior Courts Act, and did not prove irreparable harm on a balance of probabilities. The speculative nature of the applicant's projected earnings and the inherent risks of forced sale values did not meet the statutory threshold. The court held that the operation and execution of Wright AJ's order is suspended...

Citation
[2021] ZAFSHC 201
Parties
Applicant: Nicolaas Cornelius Eksteen; Respondent: Land and Agricultural Development Bank of South Africa
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 September 2021
Case Number
201/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order; Determination of Suspension of Order Pending Appeal
Outcome
Application dismissed; costs awarded against the applicant.
Judges
J F Hefer
Legal Topics
Interlocutory Orders, Suspension of Execution, Notarial Bond Perfection, Exceptional Circumstances, Irreparable Harm, Costs Award
Civil Procedure Banking and Finance Interlocutory Orders Suspension of Execution Notarial Bond Perfection Exceptional Circumstances Irreparable Harm Costs Award

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 11 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Nicolaas Cornelius Eksteen

Applicant

Land and Agricultural Development Bank of South Africa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order; Determination of Suspension of Order Pending Appeal

Legal Issues

  1. 1 Whether the order of Wright AJ dated 1 April 2021 is interlocutory or final in effect.
  2. 2 Whether the operation and execution of Wright AJ's order should be suspended pending the outcome of the application for leave to appeal or appeal.
  3. 3 Whether exceptional circumstances exist to justify deviation from the suspension rule under section 18(1) of the Superior Courts Act.

Ratio Decidendi

The court found that Wright AJ's order was final in effect, as it granted immediate relief and would not be reconsidered in subsequent proceedings. The suspension of execution was for a specified period and not contingent on the outcome of the appeal, thus constituting a final order. The applicant failed to establish exceptional circumstances as required by section 18(1) of the Superior Courts Act, and did not prove irreparable harm on a balance of probabilities. The speculative nature of the applicant's projected earnings and the inherent risks of forced sale values did not meet the statutory threshold. The court held that the operation and execution of Wright AJ's order is suspended...

Court Disposition

Application dismissed; costs awarded against the applicant.

Orders

  • The application is dismissed.
  • The applicant is to pay the costs of the application, including costs pertaining to the proceedings on 19 April 2021.