J.K.B v H.B (A97/2021) [2022] ZAGPPHC 319 (13 May 2022)

J.K.B v H.B (A97/2021) [2022] ZAGPPHC 319 (13 May 2022)

The appellant failed to furnish security for costs as required by the Uniform Rules of Court and did not appoint new attorneys after his previous attorneys withdrew. He subsequently surrendered his estate as insolvent, and the trustee did not indicate any intention to pursue the appeal. The respondent was deliberately kept uninformed of the surrender application, preventing her from opposing it. In these circumstances, there was no prospect of the appeal being prosecuted, and no appearance was made for the appellant at the hearing. The court found no reason to allow the appeal to remain pending and dismissed it with costs.

Citation
[2022] ZAGPPHC 319
Parties
Appellant: J.K.B; Respondent: H.B
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 May 2022
Case Number
A97/2021
Procedural Posture
Civil Appeal / Appeal Hearing
Outcome
Appeal dismissed with costs.
Judges
Mngqibisa-Thusi, Mali, Millar
Legal Topics
Accrual System, Security for Costs, Voluntary Surrender, Sequestration, Costs Order
Family and Children Civil Procedure Accrual System Security for Costs Voluntary Surrender Sequestration Costs Order

Case Brief

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Parties

J.K.B

Appellant

H.B

Respondent

Procedural Posture

Civil Appeal / Appeal Hearing

Legal Issues

  1. 1 Whether the appellant's failure to furnish security for costs justified dismissal of the appeal.
  2. 2 Whether the voluntary surrender of the appellant's estate rendered the appeal moot.
  3. 3 Whether the trustee in insolvency intended to pursue the appeal.

Ratio Decidendi

The appellant failed to furnish security for costs as required by the Uniform Rules of Court and did not appoint new attorneys after his previous attorneys withdrew. He subsequently surrendered his estate as insolvent, and the trustee did not indicate any intention to pursue the appeal. The respondent was deliberately kept uninformed of the surrender application, preventing her from opposing it. In these circumstances, there was no prospect of the appeal being prosecuted, and no appearance was made for the appellant at the hearing. The court found no reason to allow the appeal to remain pending and dismissed it with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.