Rennie v Kamby Farms (Pty) Ltd. (406/84) [1988] ZASCA 171; [1989] 2 All SA 155 (A) (1 December 1988)

Rennie v Kamby Farms (Pty) Ltd. (406/84) [1988] ZASCA 171; [1989] 2 All SA 155 (A) (1 December 1988)

The court found that the appellant's attorneys were dilatory in reconstructing and lodging the appeal record, with significant periods of unexplained delay both before and after the record was approved. The application for condonation was not made promptly, despite clear indications from the respondent that it would be opposed. The record itself was incomplete, with essential photographic exhibits missing or inadequately duplicated, hampering the court's ability to assess the evidence. The supporting affidavit failed to set out any substantive reasons for the prospects of success, and the notice of appeal merely listed alleged errors without argument. The cumulative effect of these...

Citation
[1988] ZASCA 171
Parties
Appellant: Peter John Rennie; Respondent: Kamby Farms (Proprietary) Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 December 1988
Case Number
406/84
Procedural Posture
Civil Appeal / Application for Condonation of Late Lodging of Appeal Record
Outcome
Petition for condonation dismissed with costs, including costs of the appeal.
Judges
Hoexter, Grosskopf, Steyn
Legal Topics
Condonation, Late Lodging of Record, Prospects of Success, Reconstruction of Evidence
Civil Procedure Condonation Late Lodging of Record Prospects of Success Reconstruction of Evidence

Case Brief

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Parties

Peter John Rennie

Appellant

Kamby Farms (Proprietary) Limited

Respondent

Procedural Posture

Civil Appeal / Application for Condonation of Late Lodging of Appeal Record

Legal Issues

  1. 1 Whether the appellant has shown sufficient cause for condonation of the late lodging of the appeal record.
  2. 2 Whether the unexplained delays and incomplete record justify refusal of condonation.
  3. 3 Whether the appellant's prospects of success on appeal warrant granting condonation.

Ratio Decidendi

The court found that the appellant's attorneys were dilatory in reconstructing and lodging the appeal record, with significant periods of unexplained delay both before and after the record was approved. The application for condonation was not made promptly, despite clear indications from the respondent that it would be opposed. The record itself was incomplete, with essential photographic exhibits missing or inadequately duplicated, hampering the court's ability to assess the evidence. The supporting affidavit failed to set out any substantive reasons for the prospects of success, and the notice of appeal merely listed alleged errors without argument. The cumulative effect of these...

Court Disposition

Petition for condonation dismissed with costs, including costs of the appeal.

Orders

  • The application for condonation of the late lodging of the appeal record is dismissed with costs, including the respondent's costs of the appeal.