Mohlabane and Another v MCS Logistics and Another (JS521-20) [2021] ZALCJHB 110 (27 May 2021)

Mohlabane and Another v MCS Logistics and Another (JS521-20) [2021] ZALCJHB 110 (27 May 2021)

The court found that while the explanation for the delay due to lockdown restrictions was adequate, the applicants failed to address their prospects of success on the merits and did not deal with prejudice to the parties. In the absence of any indication of prospects of success, the application for condonation could not be granted. The application to amend the statement of claim was not opposed, but as condonation was not granted, the court declined to deal with the amendment. The matter was struck from the roll and no costs order was made.

Citation
[2021] ZALCJHB 110
Parties
Applicant: TB Mohlabane; Applicant: S A Thwala; Respondent: MCS Logistics; Respondent: HCV Insurance Brokers
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 May 2021
Case Number
JS521-20
Procedural Posture
Condonation Application / Interlocutory
Outcome
Application for condonation dismissed; matter struck from the roll; no order as to costs.
Judges
F Coetzee
Legal Topics
Condonation, Late Referral, Prospects of Success, Amendment of Pleadings
Labour Law Civil Procedure Condonation Late Referral Prospects of Success Amendment of Pleadings

Case Brief

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Parties

TB Mohlabane

Applicant

S A Thwala

Applicant

MCS Logistics

Respondent

HCV Insurance Brokers

Respondent

Procedural Posture

Condonation Application / Interlocutory

Legal Issues

  1. 1 Whether condonation should be granted for the late referral of the statement of case.
  2. 2 Whether the applicants have provided a sufficient explanation for the delay.
  3. 3 Whether the applicants have addressed prospects of success on the merits.

Ratio Decidendi

The court found that while the explanation for the delay due to lockdown restrictions was adequate, the applicants failed to address their prospects of success on the merits and did not deal with prejudice to the parties. In the absence of any indication of prospects of success, the application for condonation could not be granted. The application to amend the statement of claim was not opposed, but as condonation was not granted, the court declined to deal with the amendment. The matter was struck from the roll and no costs order was made.

Court Disposition

Application for condonation dismissed; matter struck from the roll; no order as to costs.

Orders

  • The application for condonation is dismissed.
  • The matter is struck from the roll.