THE SUPREME COURT OF APPEAL OF SOUTH AFRICA

JUDGMENT

Case No: 409/11

Not reportable

In the matter between:

CHRISTIAAN LOUIS CARSTENS NO

FIRST APPELLANT
ANDRIES JOHANNES DANIEL BESTER NO
SECOND APPELLANT
ARNO STRYDOM NO

THIRD APPELLANT
VINCENT CYRIL TEE NO

FOURTH APPELLANT
CHRISTIAAN LOUIS CARSTENS

FIFTH APPELLANT

and

BRIGID MARY CARSTENS

RESPONDENT

Neutral citation:    Carstens NO v Carstens (409/11) [2012] ZASCA 62

(10 May 2012).

Coram:
Brand, Cloete and Heher JJA

Heard:
10 May 2012

Delivered:
10 May 2012

Summary:

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ORDER
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On appeal from:
Eastern Cape High Court, Port Elizabeth (Dambuza J
sitting as court of first instance):

The appeal is struck off the roll. The Trust (represented by the first to fourth
appellants) and the fifth appellant, are ordered to pay the respondent’s costs
of appeal jointly and severally.
______________________________________________________________

JUDGMENT
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CLOETE JA (BRAND AND HEHER JJA  CONCURRING):

[1] The court a quo dismissed the ‘point in law’ raised by the appellants
and granted leave to appeal to this court. But the order amounts to the
dismissal of an exception, which is interlocutory and therefore not appealable.
There is the specific authority of Maize Board v Tiger Oats Ltd 2002 (5) SA
365 (SCA) and the general authority of Zweni v Minister of Law and Order
1993 (1) SA 523 (A) at 532I-533B.

[2] The appeal must accordingly be struck off the roll.

[3] The following order is made:
The appeal is struck off the roll. The Trust (represented by the first to fourth
appellants) and the fifth appellant, are ordered to pay the respondent’s costs
of appeal jointly and severally.

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T D CLOETE
JUDGE OF APPEAL

APPEARANCES:
First to Fourth Appellant: P A van Niekerk SC (with him Ms A Venter)
Instructed by:
Van Niekerk, Huisamen & Van Wyk, Uitenhage
Honey Attorneys, Bloemfontein

Fifth Appellant:

J D Huisamen SC

Instructed by:

Kaplan Blumberg Attorneys, Port Elizabeth

Honey Attorneys, Bloemfontein

For Respondent:

R G Buchanan SC
Instructed by:
G P van Rhyn Minnaar & Co, Uitenhage
Symington & De Kok, Bloemfontein