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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA,

MPUMALANGA DIVISION (MAIN SEAT)

 

Case Number: A09/23

REPORTABLE: YES/ NO

OF INTEREST TO OTHER JUDGES: YES/NO

REVISED.

13March 2023

 

In the matter between:

 

PROFERT (PTY LTD                                                                     Appellant

 

and

 

JACOB PHILLIPPUS VERMAAK                                                Respondent

 

JUDGMENT

 

Coram: Kgoele J et Roelofse AJ

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.

 

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.

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