Carstens NO v Carstens

The appellants, including trustees cited in their capacities as nominees (NO) and an individual appellant, raised a preliminary 'point in law' in proceedings before the Eastern Cape High Court, Port Elizabeth. The High Court dismissed this point in law and granted leave to appeal to the Supreme Court of Appeal. The appellants then appealed against that order. The substance of the underlying dispute between the parties is not addressed in the judgment, as the Supreme Court of Appeal dealt solely with the appealability of the order.

The appeal was struck off the roll. The Trust represented by the first to fourth appellants, together with the fifth appellant, were ordered to pay the respondent’s costs of appeal jointly and severally.

The case reaffirms the principle in South African appellate procedure that interlocutory orders, including the dismissal of exceptions, are generally not appealable. It underscores the importance of substance over form when determining appealability and reinforces the continued authority of Zweni and Maize Board in assessing whether a decision is final and appealable.