Maize Board v Tiger Oats Ltd and Others (151/2001) [2002] ZASCA 74; [2002] 3 All SA 593 (A); 2002 (5) SA 365 (SCA) (31 May 2002)

Maize Board v Tiger Oats Ltd and Others (151/2001) [2002] ZASCA 74; [2002] 3 All SA 593 (A); 2002 (5) SA 365 (SCA) (31 May 2002)

The Supreme Court of Appeal held that, in line with established precedent, the dismissal of an exception does not constitute a final judgment or order and is therefore not appealable, except in rare cases such as exceptions to jurisdiction or where the procedure is in substance a stated case. In this matter, the exception was not presented or dealt with as a stated case, and the issue could be reconsidered at trial. The appellant could still raise arguments regarding prescription at trial, and the order did not finally dispose of the issue. The application for condonation was correctly dismissed as the underlying order was not appealable.

Citation
[2002] ZASCA 74
Parties
Appellant: Maize Board; Respondent: Tiger Oats Limited; Respondent: Tiger Food Industries Limited; Respondent: Universal Foods Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 May 2002
Case Number
151/2001
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Condonation for Leave to Appeal
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Smalberger, Marais, Streicher, Cameron, Lewis
Legal Topics
Appealability of Interlocutory Orders, Exception Dismissal, Finality of Orders
Civil Procedure Appealability of Interlocutory Orders Exception Dismissal Finality of Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Maize Board

Appellant

Tiger Oats Limited

Respondent

Tiger Food Industries Limited

Respondent

Universal Foods Limited

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Condonation for Leave to Appeal

Legal Issues

  1. 1 Is the dismissal of an exception appealable under section 20 of the Supreme Court Act?
  2. 2 Does the dismissal of an exception constitute a final judgment or order?
  3. 3 Was the application for condonation for late filing of leave to appeal correctly dismissed?

Ratio Decidendi

The Supreme Court of Appeal held that, in line with established precedent, the dismissal of an exception does not constitute a final judgment or order and is therefore not appealable, except in rare cases such as exceptions to jurisdiction or where the procedure is in substance a stated case. In this matter, the exception was not presented or dealt with as a stated case, and the issue could be reconsidered at trial. The appellant could still raise arguments regarding prescription at trial, and the order did not finally dispose of the issue. The application for condonation was correctly dismissed as the underlying order was not appealable.

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.