Profert (Pty) Ltd v Vermaak (A09/23) [2023] ZAMPMBHC 18 (13 March 2023)

Profert (Pty) Ltd v Vermaak (A09/23) [2023] ZAMPMBHC 18 (13 March 2023)

The court held that the refusal to grant a default judgment does not constitute a final order and therefore cannot be appealed. The appeal was dismissed on the basis that only final orders or orders with a final effect are susceptible to appeal in terms of section 19(a) of the Superior Courts Act.

Citation
[2023] ZAMPMBHC 18
Parties
Appellant: Profert (Pty) Ltd; Respondent: Jacob Phillippus Vermaak
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
13 March 2023
Case Number
A09/23
Procedural Posture
Civil Appeal / Appeal Against Refusal of Default Judgment
Outcome
Appeal dismissed.
Judges
Kgoele, Roelofse
Legal Topics
Default Judgment, Final Vs Interlocutory Orders, Appealability
Civil Procedure Default Judgment Final Vs Interlocutory Orders Appealability

Case Brief

Summary, issues, holding and outcome

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Parties

Profert (Pty) Ltd

Appellant

Jacob Phillippus Vermaak

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Default Judgment

Legal Issues

  1. 1 Whether the refusal to grant a default judgment constitutes a final order susceptible to appeal.
  2. 2 Whether the appellant is entitled to appeal the refusal of default judgment.

Ratio Decidendi

The court held that the refusal to grant a default judgment does not constitute a final order and therefore cannot be appealed. The appeal was dismissed on the basis that only final orders or orders with a final effect are susceptible to appeal in terms of section 19(a) of the Superior Courts Act.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.