Olivier v Olivier (CA&R 171/04) [2006] ZANCHC 103 (8 September 2006)

Olivier v Olivier (CA&R 171/04) [2006] ZANCHC 103 (8 September 2006)

The court held that the appellant failed to comply with the procedural requirements for noting and prosecuting an appeal, specifically regarding the timely furnishing of security for costs and the absence of a substantive condonation application. The appellant and her attorney were made aware of the procedural objections but did not remedy the defects. The court found no basis to condone the non-compliance informally, distinguishing the present case from authorities where condonation was granted without a substantive application. The appeals were struck from the roll with costs, but the court expressed that the appellant had strong prospects of success on the merits, particularly...

Citation
[2006] ZANCHC 103
Parties
Appellant: Susanna Olivier; Respondent: Johannes Paulus Olivier
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
8 September 2006
Case Number
CA&R 171/04
Procedural Posture
Civil Appeal / Appeal Against Two Costs Orders and Application for Condonation and Reinstatement of Appeals
Outcome
Appeals struck from the roll with costs; applications for condonation and reinstatement of appeals dismissed with costs.
Judges
Majiedt, Molwantwa
Legal Topics
Condonation of Non Compliance, Costs Orders, Domestic Violence Protection Order, Appeal Reinstatement
Civil Procedure Family and Children Condonation of Non Compliance Costs Orders Domestic Violence Protection Order Appeal Reinstatement

Case Brief

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Parties

Susanna Olivier

Appellant

Johannes Paulus Olivier

Respondent

Procedural Posture

Civil Appeal / Appeal Against Two Costs Orders and Application for Condonation and Reinstatement of Appeals

Legal Issues

  1. 1 Whether the appellant's failure to comply with procedural rules regarding security for costs and appeal continuation should be condoned.
  2. 2 Whether the appeals against the costs orders should be reinstated.
  3. 3 Whether the costs orders granted by the magistrate were justified under the Domestic Violence Act.

Ratio Decidendi

The court held that the appellant failed to comply with the procedural requirements for noting and prosecuting an appeal, specifically regarding the timely furnishing of security for costs and the absence of a substantive condonation application. The appellant and her attorney were made aware of the procedural objections but did not remedy the defects. The court found no basis to condone the non-compliance informally, distinguishing the present case from authorities where condonation was granted without a substantive application. The appeals were struck from the roll with costs, but the court expressed that the appellant had strong prospects of success on the merits, particularly...

Court Disposition

Appeals struck from the roll with costs; applications for condonation and reinstatement of appeals dismissed with costs.

Orders

  • The appeal is struck from the roll with costs.
  • The appellant's application for condonation of non-compliance with High Court Rule 50(1) read with 50(4) and 50(7)(a) and for reinstatement of the appeals under case numbers 9/2003 and 17/2003 is dismissed with costs.