Qiniseka Solutions CC v Shaicon Tendering Service (Pty) Ltd and Another (72572/2017) [2021] ZAGPPHC 851 (1 December 2021)

Qiniseka Solutions CC v Shaicon Tendering Service (Pty) Ltd and Another (72572/2017) [2021] ZAGPPHC 851 (1 December 2021)

The Court found that the Notice of Appeal was filed out of time and no condonation application was instituted, despite warnings from the Plaintiff. The application for leave to appeal was not properly before the Court, and the only document serving before the Court was a defective Notice of Appeal. As such, there was no valid application for leave to appeal to adjudicate or postpone. The proceedings were therefore struck from the roll. The Court further held that the Plaintiff should not bear the costs of litigation arising from the Defendants' fatally flawed Notice of Appeal, and punitive costs were awarded against the Defendants' attorney, Mr Mashele, to be paid de bonis propriis.

Citation
[2021] ZAGPPHC 851
Parties
Plaintiff: Qiniseka Solutions CC; Defendant: Shaicon Tendering Service (Pty) Ltd; Defendant: Godfrey Thapelo Shai
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 December 2021
Case Number
72572/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 20 May 2021; Hearing on 15 October 2021.
Outcome
The matter is struck from the roll. Punitive costs are awarded against the Defendants' attorney, Mr Mashele, to be paid de bonis propriis.
Judges
Matsemela
Legal Topics
Leave to Appeal, Condonation, Punitive Costs, Notice of Appeal, Striking Off Roll
Civil Procedure Leave to Appeal Condonation Punitive Costs Notice of Appeal Striking Off Roll

Case Brief

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Parties

Qiniseka Solutions CC

Plaintiff

Shaicon Tendering Service (Pty) Ltd

Defendant

Godfrey Thapelo Shai

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 20 May 2021; Hearing on 15 October 2021.

Legal Issues

  1. 1 Whether the application for leave to appeal was properly before the Court.
  2. 2 Whether the Notice of Appeal was filed within the prescribed time period.
  3. 3 Whether condonation for late filing was sought and granted.

Ratio Decidendi

The Court found that the Notice of Appeal was filed out of time and no condonation application was instituted, despite warnings from the Plaintiff. The application for leave to appeal was not properly before the Court, and the only document serving before the Court was a defective Notice of Appeal. As such, there was no valid application for leave to appeal to adjudicate or postpone. The proceedings were therefore struck from the roll. The Court further held that the Plaintiff should not bear the costs of litigation arising from the Defendants' fatally flawed Notice of Appeal, and punitive costs were awarded against the Defendants' attorney, Mr Mashele, to be paid de bonis propriis.

Court Disposition

The matter is struck from the roll. Punitive costs are awarded against the Defendants' attorney, Mr Mashele, to be paid de bonis propriis.

Orders

  • The matter is struck from the roll.
  • Punitive costs are awarded against the Defendant; the said costs to be paid de bonis propriis by Mr Mashele.