Broodryk v Mocke; In re: Mocke v Broodryk (203/2015) [2017] ZAFSHC 121 (12 June 2017)

Broodryk v Mocke; In re: Mocke v Broodryk (203/2015) [2017] ZAFSHC 121 (12 June 2017)

The court found that, although the applicant's founding affidavit created the impression that he was solely liable to Standard Bank and a party to the litigation, his explanations in reply clarified that he was a surety and directly involved in the dispute, which was reasonable given the farming partnership with his son. The court accepted that the applicant's time was consumed by urgent farming activities and litigation pressures, and that the delay of six court days was adequately explained. The respondent's opposition was justified due to the initial lack of detail, but the applicant ultimately made out a case for condonation. On the merits, the court found that the proposed appeal had...

Citation
[2017] ZAFSHC 121
Parties
Applicant: Machiel Andries Broodryk; Respondent: Jaco Pelser Mocke
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 June 2017
Case Number
203/2015
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal Following Main Judgment
Outcome
Condonation for late filing of the application for leave to appeal is granted. Leave to appeal to the full bench is granted.
Judges
Van Zyl R
Legal Topics
Condonation for Late Filing, Leave to Appeal, Prospects of Success, Costs Order
Civil Procedure Condonation for Late Filing Leave to Appeal Prospects of Success Costs Order

Case Brief

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Parties

Machiel Andries Broodryk

Applicant

Jaco Pelser Mocke

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal Following Main Judgment

Legal Issues

  1. 1 Whether the applicant provided a reasonable explanation for the late filing of the application for leave to appeal.
  2. 2 Whether the applicant's appeal has reasonable prospects of success.
  3. 3 Whether the respondent's opposition to the condonation application was justified.

Ratio Decidendi

The court found that, although the applicant's founding affidavit created the impression that he was solely liable to Standard Bank and a party to the litigation, his explanations in reply clarified that he was a surety and directly involved in the dispute, which was reasonable given the farming partnership with his son. The court accepted that the applicant's time was consumed by urgent farming activities and litigation pressures, and that the delay of six court days was adequately explained. The respondent's opposition was justified due to the initial lack of detail, but the applicant ultimately made out a case for condonation. On the merits, the court found that the proposed appeal had...

Court Disposition

Condonation for late filing of the application for leave to appeal is granted. Leave to appeal to the full bench is granted.

Orders

  • The applicant's application for condonation for the late filing of the application for leave to appeal is granted.
  • The applicant is ordered to pay the costs of the condonation application, including the costs of opposition.