Mawire N.O and Another v Somo (Leave to Appeal) (53064/2019) [2023] ZAGPPHC 1188 (22 September 2023)

Mawire N.O and Another v Somo (Leave to Appeal) (53064/2019) [2023] ZAGPPHC 1188 (22 September 2023)

The Court found that the applicant's amended notice of motion and supplementary founding affidavit were filed irregularly, as they did not comply with the uniform rules of court and were not permitted by the Directive relied upon. The applicant did not challenge the factual basis for this finding and failed to show...

Source-derived case information.

Citation
[2023] ZAGPPHC 1188
Parties
Respondent: Philemon Tatenda Mawire N.O.; Respondent: Adriaan Willem van Rooyen N.O.; Applicant: Sebushi Patrick Somo
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 September 2023
Case Number
53064/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Rule 30 Proceedings
Outcome
Application for leave to appeal dismissed with costs on an attorney and client scale.
Judges
de Vos
Legal Topics
Rule 30 Irregular Step, Condonation, Costs Punitive Scale, Uniform Rules of Court
Civil Procedure Rule 30 Irregular Step Condonation Costs Punitive Scale Uniform Rules of Court

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Summary, issues, holding and outcome

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Parties

Philemon Tatenda Mawire N.O.

Respondent

Adriaan Willem van Rooyen N.O.

Respondent

Sebushi Patrick Somo

Applicant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Rule 30 Proceedings

Legal Issues

  1. 1 Whether the applicant has prospects of success in appealing the order setting aside his amended notice of motion and supplementary founding affidavit as irregular steps.
  2. 2 Whether the Rule 30 application by the liquidators was filed out of time and required a formal written condonation application.
  3. 3 Whether costs should be awarded on a punitive attorney and client scale.

Ratio Decidendi

The Court found that the applicant's amended notice of motion and supplementary founding affidavit were filed irregularly, as they did not comply with the uniform rules of court and were not permitted by the Directive relied upon. The applicant did not challenge the factual basis for this finding and failed to show any prospects of success on appeal. Regarding the procedural complaint about condonation, the Court held that condonation may be granted based on pleaded facts and in the interests of justice, without the need for a formal written application. The delay in filing the Rule 30 application was short, explained, and caused no prejudice. The Court concluded that the requirements for...

Court Disposition

Application for leave to appeal dismissed with costs on an attorney and client scale.

Orders

  • The application for leave to appeal is dismissed with costs on an attorney and client scale.