Ridge Mall (Pty) Ltd v Twin City Bosbokrand (Pty) Ltd (50490/2012) [2015] ZAGPPHC 30 (30 January 2015)

Ridge Mall (Pty) Ltd v Twin City Bosbokrand (Pty) Ltd (50490/2012) [2015] ZAGPPHC 30 (30 January 2015)

The court found that the orders previously granted were interlocutory and preparatory in nature, as they did not dispose of the substantial claim nor were they final in effect. Based on established principles of South African civil procedure, such orders are not appealable. The point in limine raised by the respondent was upheld, and the application for leave to appeal was dismissed with costs.

Citation
[2015] ZAGPPHC 30
Parties
Applicant: Ridge Mall (Pty) Ltd; Respondent: Twin City Bosbokrand (Pty) Ltd; Respondent: The Municipal Manager Bushbuckridge Local Municipality; Respondent: The MEC for the Department of Agriculture, Rural Development and Land Administration - Mpumalanga Provincial Government; Respondent: The Director: Land Administration and Land Use - Department of Agriculture, Rural Development and Land Administration - Mpumalanga Provincial Government; Respondent: The MEC: Department of Economic Development Environment and Tourism - Mpumalanga Provincial Government; Respondent: The Registrar of Deeds; Respondent: Roux Property Development Africa CC; Respondent: The Surveyor General
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 January 2015
Case Number
50490/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Interlocutory Orders.
Outcome
Application for leave to appeal dismissed with costs.
Judges
A.M.L. Phatudi
Legal Topics
Interlocutory Orders, Leave to Appeal, Appealability, Rule 35 12
Civil Procedure Interlocutory Orders Leave to Appeal Appealability Rule 35 12

Case Brief

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Parties

Ridge Mall (Pty) Ltd

Applicant

Twin City Bosbokrand (Pty) Ltd

Respondent

The Municipal Manager Bushbuckridge Local Municipality

Respondent

The MEC for the Department of Agriculture, Rural Development and Land Administration - Mpumalanga Provincial Government

Respondent

The Director: Land Administration and Land Use - Department of Agriculture, Rural Development and Land Administration - Mpumalanga Provincial Government

Respondent

The MEC: Department of Economic Development Environment and Tourism - Mpumalanga Provincial Government

Respondent

The Registrar of Deeds

Respondent

Roux Property Development Africa CC

Respondent

The Surveyor General

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Interlocutory Orders.

Legal Issues

  1. 1 Whether the interlocutory orders granted are appealable.
  2. 2 Whether the application for leave to appeal should be dismissed on the basis that the orders are not final.

Ratio Decidendi

The court found that the orders previously granted were interlocutory and preparatory in nature, as they did not dispose of the substantial claim nor were they final in effect. Based on established principles of South African civil procedure, such orders are not appealable. The point in limine raised by the respondent was upheld, and the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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