Phasha v Morudi N.O and Others (3046/2018) [2019] ZALMPPHC 22 (7 May 2019)

Phasha v Morudi N.O and Others (3046/2018) [2019] ZALMPPHC 22 (7 May 2019)

The court found that the applicant, a practicing attorney, failed to provide a satisfactory and detailed explanation for the delay in filing his answering affidavit. The medical reasons advanced were unsubstantiated by any medical certificate, and the applicant's account was inconsistent and inadequate. The period of lateness was excessive and not insignificant. Furthermore, the applicant did not demonstrate reasonable prospects of success in the main eviction application, as he admitted to being in arrears and had not paid rent since 2017. The court concluded that the applicant's non-compliance with the rules was grave and deliberate, aimed at delaying the finalisation of the matter....

Citation
[2019] ZALMPPHC 22
Parties
Applicant: Phokoane Frans Phasha; Respondent: Chuene Philenom Morudi N.O; Respondent: Mmaphuti Elizabeth Morudi N.O; Respondent: Phuti Martina Morudi N.O; Respondent: Polokwane Chas Everitt 232 (Pty) Ltd
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
7 May 2019
Case Number
3046/2018
Procedural Posture
Urgent Application / Application for Condonation for Late Filing of Answering Affidavit
Outcome
Application for condonation dismissed.
Judges
MF Kganyago
Legal Topics
Condonation, Eviction Proceedings, Late Filing, Uniform Rules of Court, Prospects of Success
Civil Procedure Condonation Eviction Proceedings Late Filing Uniform Rules of Court Prospects of Success

Case Brief

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Parties

Phokoane Frans Phasha

Applicant

Chuene Philenom Morudi N.O

Respondent

Mmaphuti Elizabeth Morudi N.O

Respondent

Phuti Martina Morudi N.O

Respondent

Polokwane Chas Everitt 232 (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant's late filing of his answering affidavit should be condoned.
  2. 2 Whether the applicant provided a satisfactory explanation for the delay.
  3. 3 Whether the applicant has reasonable prospects of success in the main eviction application.

Ratio Decidendi

The court found that the applicant, a practicing attorney, failed to provide a satisfactory and detailed explanation for the delay in filing his answering affidavit. The medical reasons advanced were unsubstantiated by any medical certificate, and the applicant's account was inconsistent and inadequate. The period of lateness was excessive and not insignificant. Furthermore, the applicant did not demonstrate reasonable prospects of success in the main eviction application, as he admitted to being in arrears and had not paid rent since 2017. The court concluded that the applicant's non-compliance with the rules was grave and deliberate, aimed at delaying the finalisation of the matter....

Court Disposition

Application for condonation dismissed.

Orders

  • The application for condonation is dismissed.
  • There is no order as to costs.