A Avtjoglou v First National Bank of Southern Africa

First National Bank sued Avtjoglou on a written acknowledgment of debt for R310 000, signed by him, and sought provisional sentence. The document provided for instalment payments and an acceleration clause on default. Avtjoglou made no payments. In opposing provisional sentence, he did not deny signing the document or his non-payment, but attacked the document’s liquidity and relied on an alleged variation agreement excusing performance. The court of first instance granted provisional sentence, and an appeal to the court a quo failed. Avtjoglou then appealed to the Supreme Court of Appeal with leave.

The appeal was struck off the roll with costs.

The case authoritatively confirms that an order granting provisional sentence in the High Court or Supreme Court of Appeal is not appealable, reinforcing the interlocutory nature of provisional sentence proceedings. It clarifies the application of the Zweni test to provisional sentence and underscores the limited scope for appellate intervention at this stage of litigation.