Clarke v Bethal Co-Operative Society [1911] ZATPD 167 (28 December 1911)

Appeal - Peremption - Costs - Several Issues - Apportionment - Appeal from Magistrate's Decision

The peremption of a right to appeal only takes place when the appellant has so conducted himself as to induce the Court and the opposing party to believe that he has no intention of appealing and to act upon that supposition. To establish such peremption the circunistances must be such that the opposite party can reasonably have believed that the appellant acted with the intention of abandoning the appeal.

When costs can be apportioned on divisible issues and a magistrate has not apportioned them, the Court on appeal will interfere with the magistrate's decision and apportion the costs according to the result of each issue.