Heafield and Others v Rodel Financial Services (Pty) Ltd (A5038/2010) [2011] ZAGPJHC 82 (3 March 2011)

Heafield and Others v Rodel Financial Services (Pty) Ltd (A5038/2010) [2011] ZAGPJHC 82 (3 March 2011)

The court found that the third and fourth appellants, by requesting cancellation figures, tendering and paying the judgment debt and costs, and facilitating the cancellation of mortgage bonds without reservation or protest, unequivocally acquiesced in the judgment. This conduct amounted to peremption, extinguishing their right to appeal. The first appellant, as the guiding mind and authorised representative of the third and fourth appellants, was also bound by this acquiescence. The satisfaction of the judgment rendered any further dispute academic, and the appeal would have no practical effect. The court further held that the sixth condition precedent (cession of ticket sales) was...

Citation
[2011] ZAGPJHC 82
Parties
Appellant: Bruce Eric Heafield; Appellant: Duncan Eric Heafield; Appellant: Wehmeyer & De Witt (Pty) Limited; Appellant: Zevenfontein Farm (Pty) Limited; Respondent: Rodel Financial Services (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 March 2011
Case Number
A5038/2010
Procedural Posture
Civil Appeal / Appeal From Single Judge Decision With Leave
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
W L Wepener, J P Horn, M Victor
Legal Topics
Suretyship, Peremption of Appeal, Waiver of Conditions, Cession of Rights, Enforcement of Judgment
Commercial and Corporate Civil Procedure Suretyship Peremption of Appeal Waiver of Conditions Cession of Rights Enforcement of Judgment

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 22 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bruce Eric Heafield

Appellant

Duncan Eric Heafield

Appellant

Wehmeyer & De Witt (Pty) Limited

Appellant

Zevenfontein Farm (Pty) Limited

Appellant

Rodel Financial Services (Pty) Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Single Judge Decision With Leave

Legal Issues

  1. 1 Whether the appellants acquiesced in the judgment, resulting in peremption of their right to appeal.
  2. 2 Whether the sixth condition precedent (cession of ticket sales) was fulfilled under the facility agreement.
  3. 3 Whether the respondent could rely on peremption without leave to appeal on that issue.

Ratio Decidendi

The court found that the third and fourth appellants, by requesting cancellation figures, tendering and paying the judgment debt and costs, and facilitating the cancellation of mortgage bonds without reservation or protest, unequivocally acquiesced in the judgment. This conduct amounted to peremption, extinguishing their right to appeal. The first appellant, as the guiding mind and authorised representative of the third and fourth appellants, was also bound by this acquiescence. The satisfaction of the judgment rendered any further dispute academic, and the appeal would have no practical effect. The court further held that the sixth condition precedent (cession of ticket sales) was...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed.
  • The appellants are ordered to pay the costs of the appeal, including the costs of two counsel.