Stemmet v Motus Corporation (Pty) Ltd t/a Milnerton Multifranchise (NCT/83884/2017/75(1)(b)) [2017] ZANCT 141 (22 December 2017)

Stemmet v Motus Corporation (Pty) Ltd t/a Milnerton Multifranchise (NCT/83884/2017/75(1)(b)) [2017] ZANCT 141 (22 December 2017)

The Tribunal found that the Respondent provided a reasonable explanation for the late filing of its answering affidavit, as the delay was caused by incorrect service of the application and subsequent efforts to obtain the complete bundle. The degree of lateness was not excessive, and the Respondent did not act in bad faith. The Applicant did not oppose the condonation application, and the Respondent would suffer prejudice if denied the opportunity to answer serious allegations. The Tribunal held that, in the interests of justice and fairness to both parties, condonation should be granted so that the matter can be properly ventilated before the Tribunal.

Citation
[2017] ZANCT 141
Parties
Applicant: Waleed Stemmet; Respondent: Motus Corporation (Pty) Ltd t/a Milnerton Multifranchise
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
22 December 2017
Case Number
NCT/83884/2017/75(1)(b)
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Answering Affidavit
Judges
P A Beck
Legal Topics
Condonation, Late Filing of Affidavit, Interests of Justice, Tribunal Rules
Civil Procedure Condonation Late Filing of Affidavit Interests of Justice Tribunal Rules

Case Brief

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Parties

Waleed Stemmet

Applicant

Motus Corporation (Pty) Ltd t/a Milnerton Multifranchise

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the late filing of the Respondent's answering affidavit should be condoned.
  2. 2 Whether the Respondent provided a reasonable explanation for the delay.
  3. 3 Whether the Applicant or Respondent would suffer prejudice if condonation is granted or refused.

Ratio Decidendi

The Tribunal found that the Respondent provided a reasonable explanation for the late filing of its answering affidavit, as the delay was caused by incorrect service of the application and subsequent efforts to obtain the complete bundle. The degree of lateness was not excessive, and the Respondent did not act in bad faith. The Applicant did not oppose the condonation application, and the Respondent would suffer prejudice if denied the opportunity to answer serious allegations. The Tribunal held that, in the interests of justice and fairness to both parties, condonation should be granted so that the matter can be properly ventilated before the Tribunal.