Phetlu v Nthutang (871/2020) [2023] ZAGPPHC 1795 (3 October 2023)

Phetlu v Nthutang (871/2020) [2023] ZAGPPHC 1795 (3 October 2023)

The applicant failed to provide a sufficient and substantiated explanation for the late filing of the application for leave to appeal. The claim of lack of funds was not supported by details regarding the amount required or the timing of funds raised. The requirements for condonation, as established in case law, were not met. The interests of justice did not warrant the granting of condonation, and the applicant did not demonstrate prospects of success on appeal. The respondent’s submissions regarding the legal requirements for condonation were accepted, and there was no basis to depart from the standard practice of awarding costs to the successful party.

Citation
[2023] ZAGPPHC 1795
Parties
Applicant: Magadi Bernice Phetlu; Respondent: Jessie Kedisaletse Nthutang
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 October 2023
Case Number
871/2020
Procedural Posture
Leave to Appeal / Application for Condonation of Late Filing of Leave to Appeal
Outcome
Application for condonation of the late filing of the application for leave to appeal dismissed with costs.
Judges
Nyathi
Legal Topics
Condonation, Late Filing, Leave to Appeal, Uniform Rules of Court, Prospects of Success
Civil Procedure Condonation Late Filing Leave to Appeal Uniform Rules of Court Prospects of Success

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 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Magadi Bernice Phetlu

Applicant

Jessie Kedisaletse Nthutang

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation of Late Filing of Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has provided a sufficient explanation for the late filing of the application for leave to appeal.
  2. 2 Whether the interests of justice warrant the granting of condonation for the late filing.
  3. 3 Whether the applicant has demonstrated prospects of success on appeal.

Ratio Decidendi

The applicant failed to provide a sufficient and substantiated explanation for the late filing of the application for leave to appeal. The claim of lack of funds was not supported by details regarding the amount required or the timing of funds raised. The requirements for condonation, as established in case law, were not met. The interests of justice did not warrant the granting of condonation, and the applicant did not demonstrate prospects of success on appeal. The respondent’s submissions regarding the legal requirements for condonation were accepted, and there was no basis to depart from the standard practice of awarding costs to the successful party.

Court Disposition

Application for condonation of the late filing of the application for leave to appeal dismissed with costs.

Orders

  • The application for condonation of the late filing of the application for leave to appeal is dismissed with costs.