O'Reilly v Goldstein

• Jurisdiction: South Africa
• Judgment Date: 13 November 1922
• Citation: 1923 AD 100

O'Reilly Appellant v Goldstein Respondent
1923 AD 100

1923 AD p100

Citation	1923 AD 100
Court	Appellate Division, Bloemfontein
Judge	Innes CJ, Solomon JA and Juta JA
Heard	November 13, 1922
Judgment	November 13, 1922

Flynote : Sleutelwoorde

Practice — Leave to appeal — High Court of South-West Africa — interlocutory order — Order on motion — Act 12 of 1920, sec. 3.

Headnote : Kopnota

A plaintiff in the High Court of South-West Africa filed an exception to the defendant's plea and a pleas in bar to the effect that defendant was not entitled to plead. The High Court dismissed both the exception and the plea in bar.

An appeal from this decision was ordered to be struck off the roll with costs on the ground that the order dismissing the exception was an interlocutory order an appeal from which only lay by leave of the High Court, and the order dismissing the plea in bar was in substance an order upon an

1923 AD p101

application by way of motion to strike out a pleading an appeal from which only lay by leave of the Appellate Division, and neither had the necessary leave of the High Court been obtained nor was the case one in which the Appellate Division should grant leave to appeal.

Case Information

Appeal from a decision of the High Court of South-West Africa (GUTSCHE, J.).

Plaintiff sued defendant to recover damages for defamation alleged on three separate occasions. Defendant took an exception...