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South Africa Case Law

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Civil Procedure [2023] ZASCA 161

Ciba Packaging (Pty) Ltd t/a Cibapac v Timelink Cargo (Pty) Ltd (1156/2022)

Ciba Packaging (Pty) Ltd t/a Cibapac v Timelink Cargo (Pty) Ltd (1156/2022) [2023] ZASCA 161 (28 November 2023)

Court
Supreme Court of Appeal
Case number
1156/2022
Judges
Makgoka, Hughes, Mabindla-Boqwana, Binns-Ward, Tokota

The Supreme Court of Appeal held that the dismissal of an exception is not appealable unless the exception challenges the jurisdiction of the court. In this case, the exception raised by Cibapac did not challenge the High Court's jurisdiction but rather raised a question of law regarding the enforceability of Timelink's claim under section 154(2) of the Companies Act. The High Court retained competence to determine the matter, and any decision on the exception could be revisited at trial. The order dismissing the exception was not final or definitive of the parties' rights and did not meet th…

Source excerpt

  • Exception Dismissal
  • Appealability
  • Business Rescue
  • Cause Of Action
  • Companies Act Section 154
  • Jurisdiction
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Civil Procedure [2012] ZASCA 62

Carstens NO and Others v Carstens (409/11)

Carstens NO and Others v Carstens (409/11) [2012] ZASCA 62 (10 May 2012)

Court
Supreme Court of Appeal
Case number
409/11
Judges
Brand, Cloete, Heher

The Supreme Court of Appeal held that the order of the court a quo amounted to the dismissal of an exception, which is interlocutory in nature and therefore not appealable. The court relied on the authority of Maize Board v Tiger Oats Ltd and Zweni v Minister of Law and Order, which establish that only final orders are appealable. As the order in question did not dispose of any issue finally and could be revisited by the court of first instance, the appeal was not properly before the court and had to be struck off the roll.

Source excerpt

  • Appealability Of Interlocutory Orders
  • Exception Dismissal
  • Costs On Appeal
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Civil Procedure [2002] ZASCA 74

Maize Board v Tiger Oats Ltd and Others (151/2001)

Maize Board v Tiger Oats Ltd and Others (151/2001) [2002] ZASCA 74; [2002] 3 All SA 593 (A); 2002 (5) SA 365 (SCA) (31 May 2002)

Court
Supreme Court of Appeal
Case number
151/2001
Judges
Smalberger, Marais, Streicher, Cameron, Lewis

The Supreme Court of Appeal held that, in line with established precedent, the dismissal of an exception does not constitute a final judgment or order and is therefore not appealable, except in rare cases such as exceptions to jurisdiction or where the procedure is in substance a stated case. In this matter, the exception was not presented or dealt with as a stated case, and the issue could be reconsidered at trial. The appellant could still raise arguments regarding prescription at trial, and the order did not finally dispose of the issue. The application for condonation was correctly dismis…

Source excerpt

  • Appealability Of Interlocutory Orders
  • Exception Dismissal
  • Finality Of Orders
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.