Tswaing District Municipality v Ramalephatso Industries CC// Keneilwe Constructions CC and Others (2878/2009) [2012] ZANWHC 32 (7 June 2012)

Tswaing District Municipality v Ramalephatso Industries CC// Keneilwe Constructions CC and Others (2878/2009) [2012] ZANWHC 32 (7 June 2012)

The court found that the applicant's attorneys provided a full and reasonable explanation for the failure to file the plea, namely confusion due to office relocation and lack of urgency communicated to counsel. The applicant demonstrated a bona fide defence by denying the existence of an agreement and the authority of its alleged agent, and alternatively denying breach or repudiation. The court held that the adequacy of the explanation must be considered in light of the nature of the defence and all circumstances. The applicant showed good cause for condonation, and the notice of bar should be lifted. Costs were awarded against the applicant for the respondents' opposition.

Citation
[2012] ZANWHC 32
Parties
Applicant: Tswaing District Municipality; First Respondent: Keneilwe Constructions CC; Second Respondent: Ramalephatso Industries CC; Third Respondent: Keneilwe Constructions CC
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
7 June 2012
Case Number
2878/2009
Procedural Posture
Condonation Application / Application for Condonation of Late Plea; Opposed Motion
Outcome
Condonation granted; notice of bar lifted; applicant to pay costs.
Judges
A A Landman
Legal Topics
Condonation, Notice of Bar, Default Judgment, Bona Fide Defence
Civil Procedure Condonation Notice of Bar Default Judgment Bona Fide Defence

Case Brief

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Parties

Tswaing District Municipality

Applicant

Keneilwe Constructions CC

First Respondent

Ramalephatso Industries CC

Second Respondent

Keneilwe Constructions CC

Third Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Plea; Opposed Motion

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of its failure to deliver its plea timeously.
  2. 2 Whether the applicant has a bona fide defence to the respondents' claim.
  3. 3 Whether the notice of bar should be lifted.

Ratio Decidendi

The court found that the applicant's attorneys provided a full and reasonable explanation for the failure to file the plea, namely confusion due to office relocation and lack of urgency communicated to counsel. The applicant demonstrated a bona fide defence by denying the existence of an agreement and the authority of its alleged agent, and alternatively denying breach or repudiation. The court held that the adequacy of the explanation must be considered in light of the nature of the defence and all circumstances. The applicant showed good cause for condonation, and the notice of bar should be lifted. Costs were awarded against the applicant for the respondents' opposition.

Court Disposition

Condonation granted; notice of bar lifted; applicant to pay costs.

Orders

  • The application for condonation is granted.
  • The notice of bar is lifted.