M.D.M v L.B.M (A5008/2021) [2023] ZAGPJHC 960 (25 August 2023)

M.D.M v L.B.M (A5008/2021) [2023] ZAGPJHC 960 (25 August 2023)

The court found that the applicant's amendment to her notice of motion should be granted, as no material prejudice was shown by the respondent and the amendments were either not material or previously raised. The supplementary affidavit was allowed due to subsequent events materially affecting the matter, and the respondent failed to show prejudice. Critically, the court held that it lacked jurisdiction to dismiss the appeal or declare it lapsed, as the appeal was already before the Full Court and only that court could adjudicate such applications. The registrar is directed to re-enrol the matter before the Full Court for simultaneous hearing of the appeal and interlocutory applications....

Citation
[2023] ZAGPJHC 960
Parties
Applicant: M.D.M; Respondent: L.B.M
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 August 2023
Case Number
A5008/2021
Procedural Posture
Civil Appeal / Application for Dismissal of Appeal and Amendment of Notice of Motion; Interlocutory Applications Regarding Record Correction and Condonation
Outcome
Application and counter-application postponed sine die to be heard by the Full Court; amendment and supplementary affidavit granted; registrar to allocate hearing date; costs reserved for Full Court.
Judges
R. Strydom
Legal Topics
Appeal Lapsing, Amendment of Notice of Motion, Condonation Application, Court Jurisdiction, Practice Directives
Civil Procedure Appeal Lapsing Amendment of Notice of Motion Condonation Application Court Jurisdiction Practice Directives

Case Brief

Summary, issues, holding and outcome

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Parties

M.D.M

Applicant

L.B.M

Respondent

Procedural Posture

Civil Appeal / Application for Dismissal of Appeal and Amendment of Notice of Motion; Interlocutory Applications Regarding Record Correction and Condonation

Legal Issues

  1. 1 Whether the applicant's amendment to the notice of motion should be granted.
  2. 2 Whether the respondent's supplementary affidavit should be allowed.
  3. 3 Whether this court has jurisdiction to declare the appeal lapsed or to dismiss the appeal.

Ratio Decidendi

The court found that the applicant's amendment to her notice of motion should be granted, as no material prejudice was shown by the respondent and the amendments were either not material or previously raised. The supplementary affidavit was allowed due to subsequent events materially affecting the matter, and the respondent failed to show prejudice. Critically, the court held that it lacked jurisdiction to dismiss the appeal or declare it lapsed, as the appeal was already before the Full Court and only that court could adjudicate such applications. The registrar is directed to re-enrol the matter before the Full Court for simultaneous hearing of the appeal and interlocutory applications....

Court Disposition

Application and counter-application postponed sine die to be heard by the Full Court; amendment and supplementary affidavit granted; registrar to allocate hearing date; costs reserved for Full Court.

Orders

  • The applicant’s amendment is granted in terms of the Notice to Amend her Notice of Motion.
  • The applicant is granted leave to have filed her supplementary affidavit.