Profert (Pty) Ltd v Vermaak

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Kgoele J and Roelofse AJ
• Judgment Date: 13 March 2023
• Citation: 2023 JDR 0872 (MN)
• Hearing Date: 10 March 2023
• Docket Number: A09/23
• Court: Mpumalanga Division (Main Seat)

Roelofse AJ:

[1]

The appellant seeks to appeal the whole of the judgment of the Regional Court Magistrate sitting in the Regional Court for the Regional Division of Mpumalanga, held at Mbombela (the Court a quo).

[2]

The judgment was delivered on 31 January 2022. The appellant's claim was founded upon an acknowledgment of debt by the respondent in favour of the appellant. The Court a quo refused to grant a default judgment in favour of the appellant against the respondent.

[3]

[The refusal to grant a default judgment is not a final order. Only final orders or orders that have a final effect are susceptible to an appeal.

[4]

In the premises, the following order is thus made:

The appeal is dismissed.

2023 JDR 0872 p3

Roelofse AJ

Roelofse AJ

Acting Judge of the High Court

I agree.

Kgoele J

Judge of the High Court

DATE OF HEARING:	10 March 2023
DATE OF JUDGMENT:	13 March 2023

APPEARANCES

Gerrit Coetzee Attorneys represents the appellant.

The appeal was dealt with in terms of section 19(a) of the Superior Courts Acts and paragraph 21.3 of the Amended Practice Directives of this Division without the hearing of oral argument.