Odendaal and Another v Nutigrun (Pty) Ltd (5603/2017) [2018] ZAFSHC 53 (19 April 2018)

Odendaal and Another v Nutigrun (Pty) Ltd (5603/2017) [2018] ZAFSHC 53 (19 April 2018)

The court found that the applicants provided a reasonable and satisfactory explanation for the delay in filing the opposing affidavit, including missing annexures and health-related commissioning delays. The delay was not inordinately long, especially considering the legal holiday period. The applicants also demonstrated a bona fide defence, as the matter of whether the sequestration order would benefit creditors could be properly ventilated in further proceedings. The court emphasized the interests of justice and the potential prejudice to the applicants, who are elderly and risk losing everything. Accordingly, condonation was granted with costs.

Citation
[2018] ZAFSHC 53
Parties
Applicant: Willem Adriaan Odendaal; Applicant: Anna Catharina Nel Odendaal; Respondent: Nutigrun (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 April 2018
Case Number
5603/2017
Procedural Posture
Urgent Application / Application for Condonation of Late Filing of Opposing Affidavit
Outcome
Condonation granted with costs.
Judges
M. A. Mathebula
Legal Topics
Condonation, Uniform Rule 27, Late Filing of Affidavit, Good Cause, Court Discretion
Civil Procedure Condonation Uniform Rule 27 Late Filing of Affidavit Good Cause Court Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Willem Adriaan Odendaal

Applicant

Anna Catharina Nel Odendaal

Applicant

Nutigrun (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Condonation of Late Filing of Opposing Affidavit

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the opposing affidavit.
  2. 2 Whether the applicants have provided sufficient explanation for the delay.
  3. 3 Whether the applicants have a bona fide defence to the main application.

Ratio Decidendi

The court found that the applicants provided a reasonable and satisfactory explanation for the delay in filing the opposing affidavit, including missing annexures and health-related commissioning delays. The delay was not inordinately long, especially considering the legal holiday period. The applicants also demonstrated a bona fide defence, as the matter of whether the sequestration order would benefit creditors could be properly ventilated in further proceedings. The court emphasized the interests of justice and the potential prejudice to the applicants, who are elderly and risk losing everything. Accordingly, condonation was granted with costs.

Court Disposition

Condonation granted with costs.

Orders

  • The application for condonation is granted with costs.