Mziako and Another v Changing Tides 17 (Proprietary) Limited N.O (253/07) [2008] ZANWHC 13 (17 March 2008)

Mziako and Another v Changing Tides 17 (Proprietary) Limited N.O (253/07) [2008] ZANWHC 13 (17 March 2008)

The court found that the applicants were properly notified of the hearing date and that the matter was unopposed at the hearing. The judge was satisfied that the applicants had failed to demonstrate any reasonable prospects of success on appeal against the summary judgment order. Furthermore, no satisfactory explanation for the late filing was provided. The court concluded that no reasonable court would come to a different finding and dismissed both the application for leave to appeal and the condonation application with costs.

Citation
[2008] ZANWHC 13
Parties
Applicant: Moses Sipho Mziako; Applicant: Mosai Elizabeth Mziako; Respondent: Changing Tides 17 (Proprietary) Limited N.O
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
17 March 2008
Case Number
253/07
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing
Outcome
Application for leave to appeal and condonation for late filing dismissed with costs.
Judges
M M Leeuw
Legal Topics
Leave to Appeal, Condonation for Late Filing, Summary Judgment, Costs Order
Civil Procedure Leave to Appeal Condonation for Late Filing Summary Judgment Costs Order

Case Brief

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Parties

Moses Sipho Mziako

Applicant

Mosai Elizabeth Mziako

Applicant

Changing Tides 17 (Proprietary) Limited N.O

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing

Legal Issues

  1. 1 Whether the applicants have shown reasonable prospects of success on appeal against the summary judgment order.
  2. 2 Whether condonation for the late filing of the application for leave to appeal should be granted.
  3. 3 Whether the applicants were properly notified of the hearing date.

Ratio Decidendi

The court found that the applicants were properly notified of the hearing date and that the matter was unopposed at the hearing. The judge was satisfied that the applicants had failed to demonstrate any reasonable prospects of success on appeal against the summary judgment order. Furthermore, no satisfactory explanation for the late filing was provided. The court concluded that no reasonable court would come to a different finding and dismissed both the application for leave to appeal and the condonation application with costs.

Court Disposition

Application for leave to appeal and condonation for late filing dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.
  • The application for condonation of the late filing is dismissed with costs.