Law Society of the Cape of Good Hope v Nomoyi (1424/2007) [2009] ZAECHC 23 (27 February 2009)
The court found that, although the affidavit filed by the applicant did not fully explain the delays in the matter and the initial failure to provide necessary information was not acceptable from the custodian of the attorneys profession, there was no substantive reason to refuse the relief sought. The order...
Source-derived case information.
- Citation
- [2009] ZAECHC 23
- Parties
- Applicant: The Law Society of the Cape of Good Hope; Respondent: Khaya Nomoyi
- Court
- High Courts - Eastern Cape
- Jurisdiction
- South Africa
- Case Number
- 1424/2007
- Procedural Posture
- Civil Application / Final Judgment
- Outcome
- Order granted in terms of paragraphs 1 to 11 of the Notice of Motion.
- Judges
- Froneman, Plasket
- Legal Topics
- Attorney Striking Off, Professional Conduct, Delay in Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Law Society of the Cape of Good Hope
Applicant
Khaya Nomoyi
Respondent
Procedural Posture
Civil Application / Final Judgment
Legal Issues
- 1 Whether the applicant is currently practising as an attorney.
- 2 Whether there is a satisfactory explanation for the delays in bringing the matter to finality.
- 3 Whether the applicant intends to bring a striking out application and, if so, why it has not yet been launched.
Ratio Decidendi
The court found that, although the affidavit filed by the applicant did not fully explain the delays in the matter and the initial failure to provide necessary information was not acceptable from the custodian of the attorneys profession, there was no substantive reason to refuse the relief sought. The order requested in the notice of motion was therefore granted.
Court Disposition
Order granted in terms of paragraphs 1 to 11 of the Notice of Motion.
Orders
- The order sought in paragraphs 1 to 11 of the Notice of Motion is granted.
Full Case Text
Judgment text and source record
40 paragraphs
FORM A FILING SHEET FOR SOUTH EASTERN CAPE LOCAL DIVISIONJUDGMENT PARTIES: The Law Society of the Cape of Good Hope & Khaya Nomoyi Case Number:
1424/07 High Court:
Eastern Cape Division DATE HEARD:
29/01/09 DATE DELIVERED: 27/02/09 JUDGE(S): Froneman; Plasket LEGAL REPRESENTATIVES â Appearances: for the Applicant(s): R Brooks for the Respondent(s): In person Instructing attorneys: for the Applicant(s): Borman & Botha for the Respondent(s): CASE INFORMATION â Nature of proceedings. Topic: Key Words: IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION Case No: 1424/2007 In the matter between THE LAW SOCIETY OF THE CAPE OF GOOD HOPE Applicant and KHAYA NOMOYI Respondent JUDGMENT Froneman J In this matter we called for further information on whether the applicant was currently practising as an attorney, an explanation
for the delays in bringing the matter to finality and whether the applicant intends to bring a striking out application too and, if so, why such an application has not yet been launched. An affidavit providing this information has now been filed. Except for saying that the affidavit does not explain fully the delays in the matter and that the failure to provide this information in the initial papers is something we do not expect from the custodian of the attorneys profession, there is no reason why the order sought in the notice of motion should not be granted. An order in terms of paragraphs 1 to 11 of the Notice of Motion is granted. J.C. FRONEMANJUDGE OF THE HIGH COURT I Agree. C. PLASKETJUDGE OF THE HIGH COURT
FORM A
FILING SHEET FOR SOUTH EASTERN CAPE LOCAL DIVISIONJUDGMENT
PARTIES: The Law Society of the Cape of Good Hope & Khaya Nomoyi
Case Number:
1424/07
High Court:
Eastern Cape Division
DATE HEARD:
29/01/09
DATE DELIVERED: 27/02/09
JUDGE(S): Froneman; Plasket
LEGAL REPRESENTATIVES â
Appearances:
for the Applicant(s): R Brooks
for the Respondent(s): In person
Instructing attorneys:
for the Applicant(s): Borman & Botha
for the Respondent(s):
CASE INFORMATION â
Nature of proceedings.
Topic:
Key Words:
IN THE HIGH COURT OF SOUTH AFRICA
EASTERN CAPE DIVISION Case No: 1424/2007
In the matter between
THE LAW SOCIETY OF THE CAPE OF GOOD HOPE Applicant and
KHAYA NOMOYI Respondent
JUDGMENT
Froneman J
In this matter we called for further information on whether the applicant was currently practising as an attorney, an explanation
for the delays in bringing the matter to finality and whether the applicant intends to bring a striking out application too and, if so, why such an application has not yet been launched. An affidavit providing this information has now been filed. Except for saying that the affidavit does not explain fully the delays in the matter and that the failure to provide this information in the initial papers is something we do not expect from the custodian of the attorneys profession, there is no reason why the order sought in the notice of motion should not be granted.
An order in terms of paragraphs 1 to 11 of the Notice of Motion is granted.
J.C. FRONEMANJUDGE OF THE HIGH COURT
I Agree.
C. PLASKETJUDGE OF THE HIGH COURT