Morare v Shoprite (2022/5089) [2022] ZAGPJHC 994 (5 December 2022)

Morare v Shoprite (2022/5089) [2022] ZAGPJHC 994 (5 December 2022)

The court found that the order removing the matter from the roll for non-appearance was not appealable because it was not final or definitive of the rights of the applicant, nor did it dispose of any substantial portion of the relief claimed. The merits of the dispute were not considered, and the order did not address the substantive issues raised by the applicant. Accordingly, the applicant failed to establish that the order met the jurisdictional requirements for appealability under the Superior Courts Act and relevant case law. The application for leave to appeal was therefore dismissed with costs.

Citation
[2022] ZAGPJHC 994
Parties
Applicant: Mpapi Morare; Respondent: Shoprite
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 December 2022
Case Number
2022/5089
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Removal of Default Judgment Application From the Roll for Non Appearance.
Outcome
Application for leave to appeal dismissed with costs.
Judges
E Molahlehi
Legal Topics
Appealability of Orders, Default Judgment, Non Appearance, Costs Award
Civil Procedure Appealability of Orders Default Judgment Non Appearance Costs Award

Case Brief

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Parties

Mpapi Morare

Applicant

Shoprite

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Removal of Default Judgment Application From the Roll for Non Appearance.

Legal Issues

  1. 1 Whether the order removing the matter from the roll for non-appearance is appealable.
  2. 2 Whether the order was final and definitive of the rights of the parties.
  3. 3 Whether the applicant's absence justified removal and costs.

Ratio Decidendi

The court found that the order removing the matter from the roll for non-appearance was not appealable because it was not final or definitive of the rights of the applicant, nor did it dispose of any substantial portion of the relief claimed. The merits of the dispute were not considered, and the order did not address the substantive issues raised by the applicant. Accordingly, the applicant failed to establish that the order met the jurisdictional requirements for appealability under the Superior Courts Act and relevant case law. The application for leave to appeal was therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.