Gebhardt N.O. and Another v Nicolaas Kotze Boerdery CC and Another In re: Nicolaas Kotze Boerdery CC v Gebhardt N.O. and Another (3049/2021) [2022] ZAFSHC 228 (27 July 2022)

Gebhardt N.O. and Another v Nicolaas Kotze Boerdery CC and Another In re: Nicolaas Kotze Boerdery CC v Gebhardt N.O. and Another (3049/2021) [2022] ZAFSHC 228 (27 July 2022)

The magistrate's order did not constitute a final determination of claims 2 and 3, nor did it dispose of the disputes between the parties. The order merely permitted the plaintiff to proceed with those claims, leaving the legal points raised by the applicants to be adjudicated at trial. The High Court will not interfere with incomplete proceedings in the Magistrate's Court unless exceptional circumstances exist, which are absent in this case. The applicants did not except to the particulars of claim and filed pleas instead. There is no basis to review or set aside the magistrate's order, and costs should follow the result.

Citation
[2022] ZAFSHC 228
Parties
Applicant: Jacobus Johannes Gebhardt N.O.; Applicant: Hendrina Johannes Gebhardt N.O.; Respondent: Nicolaas Kotze Boerdery CC; Respondent: Magistrate Matlou Ezekiel
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 July 2022
Case Number
3049/2021
Procedural Posture
Review Application / Application for Review of Interlocutory Magistrate's Order
Outcome
Application dismissed with costs.
Judges
Reinders, P. Zietsman
Legal Topics
Review of Magistrate Order, Separation of Issues, Interlocutory Orders, Gross Irregularity
Civil Procedure Review of Magistrate Order Separation of Issues Interlocutory Orders Gross Irregularity

Case Brief

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Parties

Jacobus Johannes Gebhardt N.O.

Applicant

Hendrina Johannes Gebhardt N.O.

Applicant

Nicolaas Kotze Boerdery CC

Respondent

Magistrate Matlou Ezekiel

Respondent

Procedural Posture

Review Application / Application for Review of Interlocutory Magistrate's Order

Legal Issues

  1. 1 Whether the magistrate's order permitting the plaintiff to proceed with claims 2 and 3 constitutes a gross irregularity justifying review.
  2. 2 Whether the High Court should interfere with incomplete proceedings in the Magistrate's Court by way of review.

Ratio Decidendi

The magistrate's order did not constitute a final determination of claims 2 and 3, nor did it dispose of the disputes between the parties. The order merely permitted the plaintiff to proceed with those claims, leaving the legal points raised by the applicants to be adjudicated at trial. The High Court will not interfere with incomplete proceedings in the Magistrate's Court unless exceptional circumstances exist, which are absent in this case. The applicants did not except to the particulars of claim and filed pleas instead. There is no basis to review or set aside the magistrate's order, and costs should follow the result.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.