Eskom v Nikelo (CA38/18) [2018] ZAECMHC 48 (21 August 2018)

Eskom v Nikelo (CA38/18) [2018] ZAECMHC 48 (21 August 2018)

The court found that Eskom failed to provide a satisfactory and comprehensive explanation for the delay in prosecuting the appeal, particularly for the period between the granting of leave to appeal and the eventual filing of the notice of appeal. The explanation offered was vague, incomplete, and did not cover the entire period of delay. The court held that condonation may be refused in cases of flagrant breaches of the rules, especially where no acceptable explanation is provided, regardless of the prospects of success. On the merits, the court found that Eskom did not have lawful authority to disconnect the respondent's electricity supply without notice, statutory authority, or a court...

Citation
[2018] ZAECMHC 48
Parties
Appellant: Eskom; Respondent: Vusumzi Nikelo
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
21 August 2018
Case Number
CA38/18
Procedural Posture
Civil Appeal / Application for Condonation and Appeal
Outcome
Application for condonation dismissed with costs. Appeal dismissed with costs.
Judges
J D Huisamen, R E Griffiths
Legal Topics
Condonation, Mandament Van Spolie, Electricity Supply Termination, Urgent Application, Rule Nisi
Civil Procedure Land and Property Condonation Mandament Van Spolie Electricity Supply Termination Urgent Application Rule Nisi

Case Brief

Summary, issues, holding and outcome

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Parties

Eskom

Appellant

Vusumzi Nikelo

Respondent

Procedural Posture

Civil Appeal / Application for Condonation and Appeal

Legal Issues

  1. 1 Whether the appellant provided a satisfactory explanation for the delay in prosecuting the appeal.
  2. 2 Whether condonation for the late filing of the notice of appeal and failure to apply for a hearing date and file the appeal record should be granted.
  3. 3 Whether the appellant had lawful authority to disconnect the respondent's electricity supply without notice or court order.

Ratio Decidendi

The court found that Eskom failed to provide a satisfactory and comprehensive explanation for the delay in prosecuting the appeal, particularly for the period between the granting of leave to appeal and the eventual filing of the notice of appeal. The explanation offered was vague, incomplete, and did not cover the entire period of delay. The court held that condonation may be refused in cases of flagrant breaches of the rules, especially where no acceptable explanation is provided, regardless of the prospects of success. On the merits, the court found that Eskom did not have lawful authority to disconnect the respondent's electricity supply without notice, statutory authority, or a court...

Court Disposition

Application for condonation dismissed with costs. Appeal dismissed with costs.

Orders

  • The application for condonation is dismissed with costs.
  • The appeal is dismissed with costs.