Jaco Du Plessis N.O. and Another v Daffue and Others (2019/3628) [2021] ZAFSHC 154 (27 May 2021)

Jaco Du Plessis N.O. and Another v Daffue and Others (2019/3628) [2021] ZAFSHC 154 (27 May 2021)

The court found that the application for condonation was justified due to the shared fault between the parties, including the applicant's use of incorrect email addresses and the respondent's lack of communication following the withdrawal of their chairperson. The Covid-19 pandemic and related directives were considered relevant mitigating factors. However, the court determined that the application for leave to appeal had become moot because the respondent ultimately gave consent for the property transfer after the hearings commenced. The court exercised its discretion to award costs to the applicant, including wasted costs from the postponed hearing, as the respondent's opposition...

Citation
[2021] ZAFSHC 154
Parties
Applicant: Jaco Du Plessis N.O.; Applicant: Little Mauritius Homeowners Association; Respondent: William Daffue; Respondent: Leon Johannes van Schalkwyk; Respondent: Belinda Rossouw; Respondent: Stanley Pretorius; Respondent: Hester Paulina Dorothea van Leeuwen; Applicant: Leon Johannes van Schalkwyk; Applicant: Willem Daffue; Respondent: Little Mauritius Homeowners Association; Respondent: Registrar of Deeds, Bloemfontein
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 May 2021
Case Number
2019/3628
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal Following Non Compliance With Previous Court Order
Outcome
Condonation granted; leave to appeal refused; costs awarded to the applicant.
Judges
R Matthews
Legal Topics
Condonation, Leave to Appeal, Court Order Compliance, Costs Award
Civil Procedure Condonation Leave to Appeal Court Order Compliance Costs Award

Case Brief

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Parties

Jaco Du Plessis N.O.

Applicant

Little Mauritius Homeowners Association

Applicant

William Daffue

Respondent

Leon Johannes van Schalkwyk

Respondent

Belinda Rossouw

Respondent

Stanley Pretorius

Respondent

Hester Paulina Dorothea van Leeuwen

Respondent

Leon Johannes van Schalkwyk

Applicant

Willem Daffue

Applicant

Little Mauritius Homeowners Association

Respondent

Registrar of Deeds, Bloemfontein

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal Following Non Compliance With Previous Court Order

Legal Issues

  1. 1 Whether condonation for late filing of leave to appeal should be granted.
  2. 2 Whether leave to appeal should be granted in light of compliance with the previous court order.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court found that the application for condonation was justified due to the shared fault between the parties, including the applicant's use of incorrect email addresses and the respondent's lack of communication following the withdrawal of their chairperson. The Covid-19 pandemic and related directives were considered relevant mitigating factors. However, the court determined that the application for leave to appeal had become moot because the respondent ultimately gave consent for the property transfer after the hearings commenced. The court exercised its discretion to award costs to the applicant, including wasted costs from the postponed hearing, as the respondent's opposition...

Court Disposition

Condonation granted; leave to appeal refused; costs awarded to the applicant.

Orders

  • The application for condonation is granted.
  • The application for leave to appeal is refused.