Scholtz and Another v Rossouw and Another (689/2020) [2022] ZANCHC 45 (26 August 2022)

Scholtz and Another v Rossouw and Another (689/2020) [2022] ZANCHC 45 (26 August 2022)

The court found that the respondents had unconditionally complied with the substantive portions of the order by making the rhinoceros available for collection and accepting payment of R120,000, which left no practical result or effect for an appeal. The order regarding the VGL information was qualified and would have no practical effect, and any claim for payment could be pursued by separate action without the need for a court order. The only remaining issue was costs, which, in terms of the Superior Courts Act, cannot alone justify an appeal. The respondents' conduct amounted to peremption of the right to appeal, as they acquiesced in the judgment without reservation and failed to...

Citation
[2022] ZANCHC 45
Parties
Applicant: Andries Wikus Scholtz; Applicant: Hertzog Venter; Respondent: Jacobus Andre Nel Rossouw; Respondent: Ryno Roods
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
26 August 2022
Case Number
689/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Main Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Williams
Legal Topics
Leave to Appeal, Peremption, Reciprocal Contracts, Urgent Application, Costs Orders
Civil Procedure Commercial and Corporate Leave to Appeal Peremption Reciprocal Contracts Urgent Application Costs Orders

Case Brief

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Parties

Andries Wikus Scholtz

Applicant

Hertzog Venter

Applicant

Jacobus Andre Nel Rossouw

Respondent

Ryno Roods

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Urgent Main Application

Legal Issues

  1. 1 Whether the respondents' compliance with the order constituted peremption of their right to appeal.
  2. 2 Whether the appeal would have any practical effect or result given the compliance with the substantive orders.
  3. 3 Whether the grounds of appeal have prospects of success on the merits.

Ratio Decidendi

The court found that the respondents had unconditionally complied with the substantive portions of the order by making the rhinoceros available for collection and accepting payment of R120,000, which left no practical result or effect for an appeal. The order regarding the VGL information was qualified and would have no practical effect, and any claim for payment could be pursued by separate action without the need for a court order. The only remaining issue was costs, which, in terms of the Superior Courts Act, cannot alone justify an appeal. The respondents' conduct amounted to peremption of the right to appeal, as they acquiesced in the judgment without reservation and failed to...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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