Nkomo v Centlec (SOC) Limited (2551/2022) [2022] ZAFSHC 262 (11 October 2022)

Nkomo v Centlec (SOC) Limited (2551/2022) [2022] ZAFSHC 262 (11 October 2022)

The court found that the application for leave to appeal was filed late and was not accompanied by a properly motivated condonation application. Although the court condoned the non-compliance to address the merits, it held that the applicant failed to demonstrate reasonable prospects of success or compelling reasons for leave to appeal against the costs order. The Biowatch-principle was found inapplicable as the relief sought was not genuinely constitutional in nature. The applicant's assertion regarding Centlec's legal representation was factually incorrect and viewed as an attempt to mislead the court. The court emphasized that costs follow the event and that Centlec, as a public...

Citation
[2022] ZAFSHC 262
Parties
Applicant: Hlonelwa Nkomo; Respondent: Centlec (SOC) Limited
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 October 2022
Case Number
2551/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Costs Order
Outcome
Application for leave to appeal against the costs order is dismissed with costs.
Judges
C Reinders
Legal Topics
Costs Orders, Leave to Appeal, Condonation, Abuse of Process, Biowatch Principle
Civil Procedure Costs Orders Leave to Appeal Condonation Abuse of Process Biowatch Principle

Case Brief

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Parties

Hlonelwa Nkomo

Applicant

Centlec (SOC) Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Costs Order

Legal Issues

  1. 1 Whether leave to appeal should be granted against the costs order made on 10 June 2022.
  2. 2 Whether the applicant's late filing of the application for leave to appeal should be condoned.
  3. 3 Whether the Biowatch-principle applies to exempt the applicant from paying costs.

Ratio Decidendi

The court found that the application for leave to appeal was filed late and was not accompanied by a properly motivated condonation application. Although the court condoned the non-compliance to address the merits, it held that the applicant failed to demonstrate reasonable prospects of success or compelling reasons for leave to appeal against the costs order. The Biowatch-principle was found inapplicable as the relief sought was not genuinely constitutional in nature. The applicant's assertion regarding Centlec's legal representation was factually incorrect and viewed as an attempt to mislead the court. The court emphasized that costs follow the event and that Centlec, as a public...

Court Disposition

Application for leave to appeal against the costs order is dismissed with costs.

Orders

  • The application for leave to appeal against the cost order granted on 10 June 2022 is dismissed with costs.