Nu-Shop Holdings (Pty) Ltd v Kasle Properties (Pty) Ltd (D9608/2021) [2024] ZAKZDHC 51 (14 August 2024)

Nu-Shop Holdings (Pty) Ltd v Kasle Properties (Pty) Ltd (D9608/2021) [2024] ZAKZDHC 51 (14 August 2024)

The court found that the defendant's delay in delivering its plea was caused by negligence on the part of its attorney, but that such negligence was not so gross as to disentitle the defendant to relief. The explanation for the delay, though convoluted, was accepted as sufficient in the circumstances, particularly given the bona fide nature of the defendant's defences and the interests of justice in having all issues ventilated. The court exercised its discretion to uplift the bar and condone the late delivery of the plea, finding that any prejudice to the plaintiff could be addressed by a costs order against the defendant.

Citation
[2024] ZAKZDHC 51
Parties
Defendant: Nu-Shop Holdings (Pty) Ltd; Plaintiff: Kasle Properties (Pty) Ltd
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
14 August 2024
Case Number
D9608/2021
Procedural Posture
Civil Application / Application to Uplift Bar and Condone Late Plea
Outcome
Application granted: the bar is uplifted and late delivery of the defendant's plea is condoned. Costs awarded against the defendant.
Judges
M E Nkosi
Legal Topics
Condonation of Late Plea, Upliftment of Bar, Lease Agreement Dispute, Arrear Rental, Remission of Rent Due to Lockdown
Civil Procedure Land and Property Condonation of Late Plea Upliftment of Bar Lease Agreement Dispute Arrear Rental Remission of Rent Due to Lockdown

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Parties

Nu-Shop Holdings (Pty) Ltd

Defendant

Kasle Properties (Pty) Ltd

Plaintiff

Procedural Posture

Civil Application / Application to Uplift Bar and Condone Late Plea

Legal Issues

  1. 1 Whether the defendant has shown good cause for the upliftment of the bar and condonation of the late delivery of its plea.
  2. 2 Whether the explanation for the delay in delivering the plea is reasonable and sufficient.
  3. 3 Whether the defendant's prospects of success justify granting the relief sought.

Ratio Decidendi

The court found that the defendant's delay in delivering its plea was caused by negligence on the part of its attorney, but that such negligence was not so gross as to disentitle the defendant to relief. The explanation for the delay, though convoluted, was accepted as sufficient in the circumstances, particularly given the bona fide nature of the defendant's defences and the interests of justice in having all issues ventilated. The court exercised its discretion to uplift the bar and condone the late delivery of the plea, finding that any prejudice to the plaintiff could be addressed by a costs order against the defendant.

Court Disposition

Application granted: the bar is uplifted and late delivery of the defendant's plea is condoned. Costs awarded against the defendant.

Orders

  • The bar placed on the defendant by the plaintiff's notice of bar delivered on 13 December 2022 is removed.
  • The late delivery of the defendant's plea is condoned.