South Africa Case Law

Nkowana v H J Bosch and Sons (Pty) Ltd (A203/2023)

Nkowana v H J Bosch and Sons (Pty) Ltd (A203/2023) [2024] ZAGPPHC 542 (14 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A203/2023

Judges

RB Mkhabela, L Windel

The court held that the Magistrates' Court judgment on liability, separated from quantum, does not meet all the requirements for appealability as set out in Zweni. While the judgment on liability is final in effect and disposes of a substantial portion of the relief, it is not definitive of the parties' rights as quantum remains undetermined. There are no interests of justice warranting an appeal at this stage, and entertaining the appeal would result in piecemeal litigation. The appellant must await adjudication of quantum before prosecuting an appeal. Accordingly, the appeal is struck from…

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• Appealability
• Separation Of Issues
• Finality Of Judgment
• Costs Order

Elan Boulevard (Pty) Ltd v Fnyn Investments (Pty) Ltd and Others (228/2018)

Elan Boulevard (Pty) Ltd v Fnyn Investments (Pty) Ltd and Others (228/2018) [2018] ZASCA 165; 2019 (3) SA 441 (SCA) (29 November 2018)

Court

Supreme Court of Appeal

Case number

228/2018

Judges

Ponnan, Dambuza, Mocumie, Schippers, Mathie

The Supreme Court of Appeal held that the judgment of the Supreme Court of Queensland was final and conclusive, as the respondents conceded liability except for their counterclaim, which was dismissed. The correction of the quantum of liability for Nadia Essack did not affect the finality of the judgment, as her liability under the guarantee remained undisputed. The court found that the contracts and guarantees imposed joint and several liability, and that the intention of the Australian court was to hold the respondents jointly and severally liable for the amounts claimed. The Protection of…

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• Recognition Of Foreign Judgments
• Finality Of Judgment
• Joint And Several Liability
• Protection Of Businesses Act
• Guarantee Liability

Auction Alliance (Pty) Ltd and Another v Minister of Police and Others (8324/2014)

Auction Alliance (Pty) Ltd and Another v Minister of Police and Others (8324/2014) [2014] ZAWCHC 180 (3 December 2014)

Court

Western Cape High Court, Cape Town

Case number

8324/2014

Judge

RILEY AJ

The High Court held that a prior settlement order barred SAPS from executing a later search warrant until review and any appeal were finally determined.

• Interpretation Of Court Orders
• Search And Seizure
• Right To Privacy
• Judicial Review
• Finality Of Judgment
• Interpretation-of-court-orders

Papageorgio v Wainbergas G M T/A Wainbergas Financial Services and Others; InRe: Wainbergas T/A Wainbergas Financial services vQueste Business Enterprises CC and Another; InRe: Wainbergas Financial Services v LDV Trading CC and Another; InRe: Wainbergas Financial Services v Veloza Tercio PS (2010/6708, 2010/6710, 2010/6711)

Papageorgio v Wainbergas G M T/A Wainbergas Financial Services and Others; InRe: Wainbergas T/A Wainbergas Financial services vQueste Business Enterprises CC and Another; InRe: Wainbergas Financial Services v LDV Trading CC and Another; InRe: Wainbergas Financial Services v Veloza Tercio PS (2010/6708, 2010/6710, 2010/6711) [2014] ZAGPJHC 197 (5 September 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2010/6708, 2010/6710, 2010/6711

Judge

Opperman

The court found that the applicant was not entitled to rescission of the provisional sentence judgments because the merits, including the applicability of the National Credit Act, were fully argued before the original judge. The applicant had the opportunity to raise the issue of credit provider registration and did so, albeit on a different factual basis. The procedure for rescission under common law is strictly limited and not available where the applicant was represented and the matter was ventilated. Furthermore, the transactions in question were discount sales and not credit agreements a…

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• Rescission Of Judgment
• Credit Provider Registration
• National Credit Act
• Discounting Of Cheques
• Provisional Sentence
• Finality Of Judgment

Dengetenge Holdings (Pty) Ltd v Southern Sphere Mining and Development Company Ltd and Others (619/12)

Dengetenge Holdings (Pty) Ltd v Southern Sphere Mining and Development Company Ltd and Others (619/12) [2013] ZASCA 5; [2013] 2 All SA 251 (SCA) (11 March 2013)

Court

Supreme Court of Appeal

Case number

619/12

Judges

Nugent, Ponnan, Shongwe, Theron, Erasmus

The Supreme Court of Appeal refused to condone Dengetenge’s late filing of heads of argument. The appeal lapsed, the delay was unexplained, and the respondents were prejudiced.

• Condonation
• Prospecting Rights
• Mineral And Petroleum Resources Development Act
• Review Of Administrative Action
• Interdict
• Finality Of Judgment

Carter v Haworth (177/2008)

Carter v Haworth (177/2008) [2009] ZASCA 19; 2009 (5) SA 446 (SCA) ; [2009] 3 All SA 197 (SCA) (20 March 2009)

Court

Supreme Court of Appeal

Case number

177/2008

Judges

Mthiyane, Maya, Snyders, Leach, Bosielo

The SCA held that a trial court judgment on damages was not appealable because it lacked a final, operative order and left quantum unresolved.

• Appealability Of Orders
• Finality Of Judgment
• Operative Order Requirement
• Appealability-of-orders
• Finality-of-judgment
• Operative-order-requirement

Worthy Homes CC and Another v Firstrand Bank Limited and Others (Leave to Appeal) (2743/06, ECJ77)

Worthy Homes CC and Another v Firstrand Bank Limited and Others (Leave to Appeal) (2743/06, ECJ77) [2006] ZAECHC 65 (21 November 2006)

Court

High Courts - Eastern Cape

Case number

2743/06

Judge

Dambuza

The High Court refused leave to appeal against an interlocutory order holding disputed funds in trust pending transfer or later proceedings.

• Leave To Appeal
• Interlocutory Order
• Finality Of Judgment
• Supreme Court Act Section 20
• Leave-to-appeal
• Interlocutory-order

Matomela v Presbyterian Church of Africa (20/2003)

Matomela v Presbyterian Church of Africa (20/2003) [2004] ZAFSHC 8 (26 February 2004)

Court

Free State High Court, Bloemfontein

Case number

20/2003

Judge

Musi

The court refused condonation for a late application for leave to appeal, finding no valid explanation for the delay and significant prejudice from further delay.

• Condonation
• Late Filing Of Appeal
• Finality Of Judgment
• Prejudice
• Prospects Of Success
• Late-filing-of-appeal