Robert Bosch (Pty) Ltd v Mokhutswane (NCT/116532/2018/75(1)(b)) [2019] ZANCT 6 (23 January 2019)

Robert Bosch (Pty) Ltd v Mokhutswane (NCT/116532/2018/75(1)(b)) [2019] ZANCT 6 (23 January 2019)

The Tribunal found that the delay in filing the answering affidavit was minimal, being only one business day. There was no evidence of intentional delay or disregard for the process by Bosch. The Tribunal accepted Bosch's explanation for the delay and found that Bosch would suffer undue prejudice if condonation were refused. Applying the relevant legal principles, including the interests of justice and the interrelated factors for condonation, the Tribunal concluded that good cause was shown and condonation should be granted.

Citation
[2019] ZANCT 6
Parties
Applicant: Robert Bosch (Pty) Ltd; Respondent: Monnapule Samuel Mokhutswane
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
23 January 2019
Case Number
NCT/116532/2018/75(1)(b)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing of Answering Affidavit
Outcome
Condonation granted for the late filing of Bosch's answering affidavit.
Judges
J Simpson
Legal Topics
Condonation, Late Filing of Affidavit, Consumer Protection Act, Tribunal Rules
Civil Procedure Condonation Late Filing of Affidavit Consumer Protection Act Tribunal Rules

Case Brief

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Parties

Robert Bosch (Pty) Ltd

Applicant

Monnapule Samuel Mokhutswane

Respondent

Procedural Posture

Condonation Application / Ruling on Condonation for Late Filing of Answering Affidavit

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the answering affidavit by Bosch.
  2. 2 Whether Bosch has shown good cause for the delay.
  3. 3 Whether the interests of justice favour granting condonation.

Ratio Decidendi

The Tribunal found that the delay in filing the answering affidavit was minimal, being only one business day. There was no evidence of intentional delay or disregard for the process by Bosch. The Tribunal accepted Bosch's explanation for the delay and found that Bosch would suffer undue prejudice if condonation were refused. Applying the relevant legal principles, including the interests of justice and the interrelated factors for condonation, the Tribunal concluded that good cause was shown and condonation should be granted.

Court Disposition

Condonation granted for the late filing of Bosch's answering affidavit.

Orders

  • Condonation is granted to Bosch for the late filing of its answering affidavit.
  • Mr Mokhutswane may file a replying affidavit within 10 business days after the date of this Ruling.