Ruele and Others v Road Accident Fund and Another (Leave to Appeal) (2016/19982) [2023] ZAGPPHC 639 (28 July 2023)

Ruele and Others v Road Accident Fund and Another (Leave to Appeal) (2016/19982) [2023] ZAGPPHC 639 (28 July 2023)

The court found that the suspension order granted under Rule 45A is interlocutory and does not finally determine any rights or dispose of any substantive issues between the parties. The order merely suspends execution pending the outcome of the rescission application and does not have final effect. Applying the...

Source-derived case information.

Citation
[2023] ZAGPPHC 639
Parties
Applicant: Ruele, Lisbeth and Two Others; Respondent: Road Accident Fund; Respondent: Malatji & Co Attorneys
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 July 2023
Case Number
2016/19982
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against an Interlocutory Suspension Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
E Labuschagne
Legal Topics
Interlocutory Orders, Appealability, Leave to Appeal, Suspension of Execution
Civil Procedure Interlocutory Orders Appealability Leave to Appeal Suspension of Execution

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Summary, issues, holding and outcome

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Parties

Ruele, Lisbeth and Two Others

Applicant

Road Accident Fund

Respondent

Malatji & Co Attorneys

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against an Interlocutory Suspension Order

Legal Issues

  1. 1 Whether the suspension order granted under Rule 45A is appealable.
  2. 2 Whether the order has final effect or disposes of any substantive rights.
  3. 3 Whether leave to appeal should be granted in terms of section 17 of the Superior Courts Act.

Ratio Decidendi

The court found that the suspension order granted under Rule 45A is interlocutory and does not finally determine any rights or dispose of any substantive issues between the parties. The order merely suspends execution pending the outcome of the rescission application and does not have final effect. Applying the tests for appealability from Zweni and the Constitutional Court in UDM v Lebashe, the court held that none of the criteria for appealability are met. The order does not irreparably anticipate or preclude relief, nor would an appeal lead to a prompt resolution of the real issues. The court further found no reasonable prospects of another court coming to a different conclusion and no...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of the application.