Mpye v Kwikspace Modular Building (PTY) Ltd (JS968/19) [2020] ZALCJHB 270 (3 December 2020)

Mpye v Kwikspace Modular Building (PTY) Ltd (JS968/19) [2020] ZALCJHB 270 (3 December 2020)

The court found that the applicant failed to provide a reasonable and complete explanation for the entire period of delay in filing the statement of claim. The explanation regarding the period between July and October 2019 was inadequate and amounted to no explanation at all. The delay was inordinate, and as per established principles, the court was not required to consider prospects of success or other factors. Similarly, the respondent's condonation application for the late delivery of the answering affidavit was dismissed due to an inordinate period of delay and lack of sufficient explanation. The court declined to award costs against either party, finding no conduct justifying such an...

Citation
[2020] ZALCJHB 270
Parties
Applicant: Thinavhuyo Ndidinwangani Mpye; Respondent: Kwikspace Modular Building (PTY) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 December 2020
Case Number
JS968/19
Procedural Posture
Condonation Application / Judgment on Condonation Applications for Late Filing of Statement of Claim and Answering Affidavit
Outcome
Both the applicant's and respondent's condonation applications are dismissed, with no order as to costs.
Judges
S Mabaso
Legal Topics
Condonation, Late Filing, Good Cause, Costs Award, Service of Documents
Labour Law Civil Procedure Condonation Late Filing Good Cause Costs Award Service of Documents

Case Brief

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Parties

Thinavhuyo Ndidinwangani Mpye

Applicant

Kwikspace Modular Building (PTY) Ltd

Respondent

Procedural Posture

Condonation Application / Judgment on Condonation Applications for Late Filing of Statement of Claim and Answering Affidavit

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of the statement of claim.
  2. 2 Whether the respondent's condonation application for the late delivery of the answering affidavit should be granted.
  3. 3 Whether costs should be awarded against either party in respect of the condonation applications.

Ratio Decidendi

The court found that the applicant failed to provide a reasonable and complete explanation for the entire period of delay in filing the statement of claim. The explanation regarding the period between July and October 2019 was inadequate and amounted to no explanation at all. The delay was inordinate, and as per established principles, the court was not required to consider prospects of success or other factors. Similarly, the respondent's condonation application for the late delivery of the answering affidavit was dismissed due to an inordinate period of delay and lack of sufficient explanation. The court declined to award costs against either party, finding no conduct justifying such an...

Court Disposition

Both the applicant's and respondent's condonation applications are dismissed, with no order as to costs.

Orders

  • The respondent's condonation application is dismissed, with no costs order.
  • The applicant's condonation application is dismissed, with no costs order.