Levon Namibia (Pty Ltd v Nedbank Namibia Limited (SA 31 of 2017) [2019] NASC 589 (2 August 2019)

Levon Namibia (Pty Ltd v Nedbank Namibia Limited (SA 31 of 2017) [2019] NASC 589 (2 August 2019)

The appellant failed to provide a full, detailed, and accurate explanation for the non-compliance with the rules regarding the filing of the appeal record and security. The explanation was found to be vague, unsatisfactory, and less than candid. There was also no reasonable prospect of success on appeal as the High Court properly exercised its discretion under rule 53 in striking out the claim for persistent and unexplained non-compliance with pre-trial orders and procedural rules. The order was final and appealable without leave. The application for condonation and reinstatement was therefore dismissed.

Citation
[2019] NASC 589
Parties
Appellant: Levon Namibia (Pty) Ltd; Respondent: Nedbank Namibia Limited
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
2 August 2019
Case Number
SA 31 of 2017
Procedural Posture
Civil Appeal / Application for Condonation and Reinstatement of Appeal
Outcome
application for condonation and reinstatement dismissed with costs
Legal Topics
Appealability of Orders, Condonation for Non Compliance, Sanctions for Procedural Default, Judicial Discretion, Case Management
Source Language
English
Civil Procedure Appealability of Orders Condonation for Non Compliance Sanctions for Procedural Default Judicial Discretion Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Levon Namibia (Pty) Ltd

Appellant

Nedbank Namibia Limited

Respondent

Procedural Posture

Civil Appeal / Application for Condonation and Reinstatement of Appeal

Legal Issues

  1. 1 Whether the High Court's order was appealable and if leave to appeal was required
  2. 2 Whether the explanation for delay in prosecuting the appeal was adequate
  3. 3 Whether there were prospects of success on appeal to justify condonation

Ratio Decidendi

The appellant failed to provide a full, detailed, and accurate explanation for the non-compliance with the rules regarding the filing of the appeal record and security. The explanation was found to be vague, unsatisfactory, and less than candid. There was also no reasonable prospect of success on appeal as the High Court properly exercised its discretion under rule 53 in striking out the claim for persistent and unexplained non-compliance with pre-trial orders and procedural rules. The order was final and appealable without leave. The application for condonation and reinstatement was therefore dismissed.

Court Disposition

application for condonation and reinstatement dismissed with costs

Orders

  • The application for condonation and reinstatement is dismissed with costs, including the costs of one instructing and one instructed legal practitioner.