Gous Vertue & Associates and Another v GMA Finance CC (A6/2013) [2014] ZAFSHC 41 (20 March 2014)

Gous Vertue & Associates and Another v GMA Finance CC (A6/2013) [2014] ZAFSHC 41 (20 March 2014)

The court found that the defendants failed to provide a satisfactory explanation for their six-week delay in filing the application for leave to appeal. Their reasons were vague, remiss, and did not constitute good cause. The court emphasized that condonation is not a mere formality and must be supported by proper reasons. The defendants, being attorneys, ought to have known the procedural requirements and their neglect was inexcusable. As a result, the application for condonation was dismissed, and consequently, the application for leave to appeal was struck off the roll. The judgment appealed against remains effective. Furthermore, the court clarified that no appeal lies from a...

Citation
[2014] ZAFSHC 41
Parties
Applicant: Gous Vertue & Associates; Applicant: C Karamanolis & Associates; Respondent: GMA Finance CC
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 March 2014
Case Number
A6/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing
Outcome
Application for condonation dismissed with costs; application for leave to appeal struck off the roll with costs.
Judges
Rampai, Moloi
Legal Topics
Condonation for Late Filing, Appealability of Interlocutory Orders, Magistrates Court Jurisdiction
Civil Procedure Condonation for Late Filing Appealability of Interlocutory Orders Magistrates Court Jurisdiction

Case Brief

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Parties

Gous Vertue & Associates

Applicant

C Karamanolis & Associates

Applicant

GMA Finance CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing

Legal Issues

  1. 1 Whether the defendants have shown good cause for condonation of their late application for leave to appeal.
  2. 2 Whether the midstream order granted by the district magistrate was appealable.
  3. 3 Whether an appeal lies from a two-judge appeal bench to a full bench in the same division.

Ratio Decidendi

The court found that the defendants failed to provide a satisfactory explanation for their six-week delay in filing the application for leave to appeal. Their reasons were vague, remiss, and did not constitute good cause. The court emphasized that condonation is not a mere formality and must be supported by proper reasons. The defendants, being attorneys, ought to have known the procedural requirements and their neglect was inexcusable. As a result, the application for condonation was dismissed, and consequently, the application for leave to appeal was struck off the roll. The judgment appealed against remains effective. Furthermore, the court clarified that no appeal lies from a...

Court Disposition

Application for condonation dismissed with costs; application for leave to appeal struck off the roll with costs.

Orders

  • The application of the defendants for condonation is dismissed with costs.
  • The application of the defendants for leave to appeal is struck off the roll with costs.