BWK Project Management Civils CC v Slice Investments (Pty) Ltd (AR 94/2017) [2018] ZAKZPHC 68 (12 October 2018)

BWK Project Management Civils CC v Slice Investments (Pty) Ltd (AR 94/2017) [2018] ZAKZPHC 68 (12 October 2018)

The court found that the appellant failed to provide a satisfactory explanation for the excessive delay in prosecuting the appeal, attributing the delay to inadequate conduct by its attorneys. The explanation for the lateness was deemed insufficient, and the appellant had multiple opportunities to remedy the situation but failed to act with the required urgency. The court held that the appellant was in wilful default, as summonses were properly served at its registered address and no adequate reason was given for the failure to respond. The appellant did not establish a bona fide defence, as its arguments regarding cancellation of the lease and service of process were not supported by the...

Citation
[2018] ZAKZPHC 68
Parties
Appellant: BWK Project Management Civils CC; Respondent: Slice Investments (Pty) Ltd
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
12 October 2018
Case Number
AR 94/2017
Procedural Posture
Civil Appeal / Appeal Against Refusal of Rescission and Application for Condonation
Outcome
Appellant’s application for condonation is refused. Appeal dismissed with costs.
Judges
Masipa, Marks
Legal Topics
Condonation, Rescission of Judgment, Lease Agreement, Wilful Default, Service of Process, Prospects of Success
Civil Procedure Land and Property Condonation Rescission of Judgment Lease Agreement Wilful Default Service of Process Prospects of Success

Case Brief

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Parties

BWK Project Management Civils CC

Appellant

Slice Investments (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Rescission and Application for Condonation

Legal Issues

  1. 1 Whether condonation should be granted for the late prosecution of the appeal.
  2. 2 Whether the appellant has shown good cause for rescission of the default judgments.
  3. 3 Whether the appellant was in wilful default and has a bona fide defence.

Ratio Decidendi

The court found that the appellant failed to provide a satisfactory explanation for the excessive delay in prosecuting the appeal, attributing the delay to inadequate conduct by its attorneys. The explanation for the lateness was deemed insufficient, and the appellant had multiple opportunities to remedy the situation but failed to act with the required urgency. The court held that the appellant was in wilful default, as summonses were properly served at its registered address and no adequate reason was given for the failure to respond. The appellant did not establish a bona fide defence, as its arguments regarding cancellation of the lease and service of process were not supported by the...

Court Disposition

Appellant’s application for condonation is refused. Appeal dismissed with costs.

Orders

  • The appellant’s application for condonation is refused.
  • The appellant is to pay the respondent’s costs.