Wellington Court Shareblock v City Council of Johannesburg, Agar Properties (Pty) Ltd v City of Johannesburg (704/93,705/93) [1995] ZASCA 74; [1995] 2 All SA 642 (A) (31 May 1995)

Wellington Court Shareblock v City Council of Johannesburg, Agar Properties (Pty) Ltd v City of Johannesburg (704/93,705/93) [1995] ZASCA 74; [1995] 2 All SA 642 (A) (31 May 1995)

The Supreme Court of Appeal held that the dismissal of an exception to particulars of claim is not a final judgment or order for the purposes of section 20 of the Supreme Court Act. Such a decision is interlocutory, as it does not dispose of the substantive rights of the parties and is subject to reconsideration at trial. The fact that the parties sought to resolve a legal point in limine by way of exception does not alter the interlocutory nature of the order. The court rejected the argument that the finding on estoppel constituted a binding factual determination, noting that no evidence was heard and the decision was based on legal reasoning. The appeals were therefore not properly...

Citation
[1995] ZASCA 74
Parties
Appellant: Wellington Court Shareblock; Appellant: Agar Properties (Pty) Ltd; Respondent: City Council of Johannesburg
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 May 1995
Case Number
704/93,705/93
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Exceptions to Particulars of Claim
Outcome
The appeals are struck off the roll with costs, including the costs of two counsel.
Judges
Joubert, Botha, Nienaber, Van den Heever, Olivier
Legal Topics
Exception Procedure, Appealability, Finality of Orders, Municipal Contracts
Civil Procedure Exception Procedure Appealability Finality of Orders Municipal Contracts

Case Brief

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Parties

Wellington Court Shareblock

Appellant

Agar Properties (Pty) Ltd

Appellant

City Council of Johannesburg

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Exceptions to Particulars of Claim

Legal Issues

  1. 1 Whether the dismissal of an exception to particulars of claim is an appealable judgment or order under section 20 of the Supreme Court Act 59 of 1959.
  2. 2 Whether the agreements alleged in the particulars of claim, if ultra vires, can support a claim for payment by the respondent.
  3. 3 Whether estoppel can be invoked by the respondent to prevent the appellants from raising the invalidity of the contracts.

Ratio Decidendi

The Supreme Court of Appeal held that the dismissal of an exception to particulars of claim is not a final judgment or order for the purposes of section 20 of the Supreme Court Act. Such a decision is interlocutory, as it does not dispose of the substantive rights of the parties and is subject to reconsideration at trial. The fact that the parties sought to resolve a legal point in limine by way of exception does not alter the interlocutory nature of the order. The court rejected the argument that the finding on estoppel constituted a binding factual determination, noting that no evidence was heard and the decision was based on legal reasoning. The appeals were therefore not properly...

Court Disposition

The appeals are struck off the roll with costs, including the costs of two counsel.

Orders

  • Each of the two appeals is struck off the roll with costs, including the costs of two counsel.