Nophale v ABSA Bank Ltd and Others (489/2012) [2013] ZAFSHC 71 (16 May 2013)

Nophale v ABSA Bank Ltd and Others (489/2012) [2013] ZAFSHC 71 (16 May 2013)

The court found that the applicant failed to provide an adequate and acceptable explanation for the excessive delay in filing the application for leave to appeal. The reasons advanced, including the unavailability of her previous attorney and the need for her current attorney to familiarize himself with the file, were insufficient. The applicant did not annex the letter notifying her of the judgment nor provide a confirmatory affidavit from her previous attorney. The court held that the tardiness of legal representatives does not generally constitute good cause for condonation. Furthermore, the court was not persuaded that the matter enjoyed reasonable prospects of success on appeal, as...

Citation
[2013] ZAFSHC 71
Parties
Applicant: Nonhlupheko Sina Nophale; Respondent: ABSA Bank Limited; Respondent: Keletso Petrus Khutlane; Respondent: Masebolai Lydia Khutlane; Respondent: Sheriff, Bloemfontein East; Respondent: Registrar of Deeds
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
16 May 2013
Case Number
489/2012
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal After Dismissal of Rescission Application
Outcome
Application for condonation dismissed with costs, including costs of application for leave to appeal.
Judges
L J Lekale
Legal Topics
Condonation for Late Filing, Default Judgment, Prospects of Success, Right to Housing
Civil Procedure Constitutional Law Condonation for Late Filing Default Judgment Prospects of Success Right to Housing

Case Brief

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Parties

Nonhlupheko Sina Nophale

Applicant

ABSA Bank Limited

Respondent

Keletso Petrus Khutlane

Respondent

Masebolai Lydia Khutlane

Respondent

Sheriff, Bloemfontein East

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal After Dismissal of Rescission Application

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of the application for leave to appeal.
  2. 2 Whether the applicant's matter enjoys reasonable prospects of success on appeal.
  3. 3 Whether the applicant's constitutional right to adequate housing is sufficiently implicated to warrant condonation.

Ratio Decidendi

The court found that the applicant failed to provide an adequate and acceptable explanation for the excessive delay in filing the application for leave to appeal. The reasons advanced, including the unavailability of her previous attorney and the need for her current attorney to familiarize himself with the file, were insufficient. The applicant did not annex the letter notifying her of the judgment nor provide a confirmatory affidavit from her previous attorney. The court held that the tardiness of legal representatives does not generally constitute good cause for condonation. Furthermore, the court was not persuaded that the matter enjoyed reasonable prospects of success on appeal, as...

Court Disposition

Application for condonation dismissed with costs, including costs of application for leave to appeal.

Orders

  • The application for condonation is dismissed with costs inclusive of costs of application for leave to appeal.