Breda N.O and Others v Naude (A85/2023) [2025] ZAGPPHC 157 (14 February 2025)

Breda N.O and Others v Naude (A85/2023) [2025] ZAGPPHC 157 (14 February 2025)

The Full Court held that the respondent's application to strike the appeal from the roll failed on all grounds. The notice of appeal, though not particularised, was cured by comprehensive heads of argument and practice notes, in line with current jurisprudence. The late filing of the power of attorney was a bona fide oversight, promptly remedied, and condonation was granted as no prejudice was shown. The bond of security, though contested, constituted security, and any dispute regarding its sufficiency should have been referred to the registrar, not used as a ground to strike the appeal. The respondent suffered no irremediable prejudice and the Court discouraged an approach that elevates...

Citation
[2025] ZAGPPHC 157
Parties
Appellant: Lanel Breda N.O.; Appellant: Hermanus Petrus Steyn N.O.; Appellant: Richardt Scheffer N.O.; Respondent: Etienne Jacques Naude
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 February 2025
Case Number
A85/2023
Procedural Posture
Civil Appeal / Full Court Hearing of Appeal; Interlocutory Application to Strike Appeal From Roll
Outcome
Application to strike the appeal from the roll dismissed; condonation granted for non-compliance; appeal postponed sine die.
Judges
Khashane Manamela, D Mahosi, SK Hassim
Legal Topics
Notice of Appeal Requirements, Power of Attorney, Security for Costs, Condonation, Uniform Rules of Court
Civil Procedure Notice of Appeal Requirements Power of Attorney Security for Costs Condonation Uniform Rules of Court

Case Brief

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Parties

Lanel Breda N.O.

Appellant

Hermanus Petrus Steyn N.O.

Appellant

Richardt Scheffer N.O.

Appellant

Etienne Jacques Naude

Respondent

Procedural Posture

Civil Appeal / Full Court Hearing of Appeal; Interlocutory Application to Strike Appeal From Roll

Legal Issues

  1. 1 Whether the appellants' notice of appeal complies with Uniform Rule 49(4)(b).
  2. 2 Whether failure to file a power of attorney as required by Rule 7(2) justifies striking the appeal from the roll.
  3. 3 Whether the appellants furnished 'good and sufficient security' for costs of appeal in terms of Rule 49(13).

Ratio Decidendi

The Full Court held that the respondent's application to strike the appeal from the roll failed on all grounds. The notice of appeal, though not particularised, was cured by comprehensive heads of argument and practice notes, in line with current jurisprudence. The late filing of the power of attorney was a bona fide oversight, promptly remedied, and condonation was granted as no prejudice was shown. The bond of security, though contested, constituted security, and any dispute regarding its sufficiency should have been referred to the registrar, not used as a ground to strike the appeal. The respondent suffered no irremediable prejudice and the Court discouraged an approach that elevates...

Court Disposition

Application to strike the appeal from the roll dismissed; condonation granted for non-compliance; appeal postponed sine die.

Orders

  • Condonation is granted in favour of the appellants regarding their non-compliance with Uniform Rule 7(2).
  • The application to strike the appeal from the roll is dismissed.