Adams & Adams Attorneys and Another v Pointer Fashion International CC and Others

The dispute concerned five trade marks originally owned by Pointer Fashion International CC. Adams & Adams Attorneys obtained two magistrates’ court judgments against Pointer for costs and outstanding fees. Pursuant to those judgments, the trade marks were sold in execution in September 2011 and purchased by Deluxe Holdings AG, a Swiss company. Pointer launched proceedings in the North Gauteng High Court to set aside the sale in execution and to restore the trade marks to its name. During interlocutory proceedings, Pointer sought leave to deliver a supplementary affidavit raising a new legal point, namely that the judgments had become superannuated under s 63 of the Magistrates’ Courts Act 32 of 1944. Prinsloo J granted leave to deliver the supplementary affidavit. Adams & Adams and Deluxe appealed against that order to the Supreme Court of Appeal.

The appeal was struck off the roll with costs, including the costs of two counsel.

The case reaffirms core principles of South African appellate procedure, particularly that purely interlocutory and procedural orders are not appealable. It also clarifies that participation in interlocutory proceedings constitutes submission to jurisdiction for those proceedings, without prejudging jurisdiction in the main action.