Raseroka v Maloka (CIV APP RC 04/2020) [2023] ZANWHC 52 (15 May 2023)

Raseroka v Maloka (CIV APP RC 04/2020) [2023] ZANWHC 52 (15 May 2023)

The court found that the appellant failed to provide a full and frank disclosure of his financial position and did not adequately explain why he could not pay for the transcription of the record despite having received substantial proceeds from property sales shortly before judgment. The appellant's reluctance to disclose his income and assets undermined his application for condonation. Furthermore, the court held that the appellant had no prospects of success on appeal, as the Regional Court had jurisdiction based on the appellant's business activities in the area and his concession in pre-trial minutes that jurisdiction would be established if he was found to be a signatory to the...

Citation
[2023] ZANWHC 52
Parties
Appellant: Mangweng Mighty Raseroka; Respondent: Alpheus Jabulani Maloka
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
15 May 2023
Case Number
CIV APP RC 04/2020
Procedural Posture
Civil Appeal / Application for Condonation for Late Filing of Appeal
Outcome
Application for condonation for late prosecution of the appeal dismissed with costs.
Judges
Sakelo Gura, AH Petersfn
Legal Topics
Condonation, Jurisdiction, Acknowledgement of Debt, Payment Agreement, Credibility of Witnesses
Civil Procedure Commercial and Corporate Condonation Jurisdiction Acknowledgement of Debt Payment Agreement Credibility of Witnesses

Case Brief

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Parties

Mangweng Mighty Raseroka

Appellant

Alpheus Jabulani Maloka

Respondent

Procedural Posture

Civil Appeal / Application for Condonation for Late Filing of Appeal

Legal Issues

  1. 1 Whether the appellant has shown sufficient cause for condonation of the late filing of the appeal.
  2. 2 Whether the Regional Court had jurisdiction over the matter.
  3. 3 Whether the appellant was a signatory to the payment agreement forming the basis of the claim.

Ratio Decidendi

The court found that the appellant failed to provide a full and frank disclosure of his financial position and did not adequately explain why he could not pay for the transcription of the record despite having received substantial proceeds from property sales shortly before judgment. The appellant's reluctance to disclose his income and assets undermined his application for condonation. Furthermore, the court held that the appellant had no prospects of success on appeal, as the Regional Court had jurisdiction based on the appellant's business activities in the area and his concession in pre-trial minutes that jurisdiction would be established if he was found to be a signatory to the...

Court Disposition

Application for condonation for late prosecution of the appeal dismissed with costs.

Orders

  • The application for condonation for the late prosecution of the appeal is dismissed with costs.