Shezi v Santam Limited (1109/2023) [2025] ZAFSHC 128 (8 May 2025)

Shezi v Santam Limited (1109/2023) [2025] ZAFSHC 128 (8 May 2025)

The court found that the defendant's application for dismissal of the plaintiff's claim was an irregular step because the defendant failed to properly notify the plaintiff of non-compliance as required by rule 30A. The letter sent to the plaintiff's attorney did not constitute proper notice under the rules. The plaintiff's explanation for late filing was accepted as reasonable, supported by documentary evidence and a confirmatory affidavit from his attorney. The delay was not excessive and did not prejudice the defendant. Accordingly, condonation for late filing was granted. The defendant's application for dismissal was set aside as an irregular step. On costs, the court deviated from the...

Citation
[2025] ZAFSHC 128
Parties
Applicant: Siyabonga Shezi; Respondent: Santam Limited
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 May 2025
Case Number
1109/2023
Procedural Posture
Civil Application / Application for Dismissal of Claim and Application to Set Aside as Irregular Step
Outcome
Condonation for late filing by the plaintiff is granted. The defendant's application for dismissal is declared an irregular step and set aside. Each party is to pay its own costs for the applications, except the defendant is ordered to pay the plaintiff's costs occasioned by the postponement on 7 November 2024.
Judges
Mpama AJ
Legal Topics
Irregular Step, Condonation, Insurance Contract Dispute, Rule 30 Application, Late Filing, Costs Order
Civil Procedure Commercial and Corporate Irregular Step Condonation Insurance Contract Dispute Rule 30 Application Late Filing Costs Order

Case Brief

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Parties

Siyabonga Shezi

Applicant

Santam Limited

Respondent

Procedural Posture

Civil Application / Application for Dismissal of Claim and Application to Set Aside as Irregular Step

Legal Issues

  1. 1 Whether the defendant's application for dismissal of the plaintiff's claim constituted an irregular step under rule 30A.
  2. 2 Whether condonation should be granted for the plaintiff's late filing of amended particulars of claim and rule 30 application.
  3. 3 Whether the defendant properly notified the plaintiff of non-compliance as required by rule 30A.

Ratio Decidendi

The court found that the defendant's application for dismissal of the plaintiff's claim was an irregular step because the defendant failed to properly notify the plaintiff of non-compliance as required by rule 30A. The letter sent to the plaintiff's attorney did not constitute proper notice under the rules. The plaintiff's explanation for late filing was accepted as reasonable, supported by documentary evidence and a confirmatory affidavit from his attorney. The delay was not excessive and did not prejudice the defendant. Accordingly, condonation for late filing was granted. The defendant's application for dismissal was set aside as an irregular step. On costs, the court deviated from the...

Court Disposition

Condonation for late filing by the plaintiff is granted. The defendant's application for dismissal is declared an irregular step and set aside. Each party is to pay its own costs for the applications, except the defendant is ordered to pay the plaintiff's costs occasioned by the postponement on 7 November 2024.

Orders

  • Condonation for late filing by the plaintiff is granted.
  • The rule 30 application is granted. The defendant's application for dismissal of the plaintiff's claim is declared an irregular step and is set aside.