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Sportscene Mthatha v Myataza (CA121/2024) [2025] ZAECMHC 38 (20 May 2025)
Full Bench appeal postponed after an inadequate record wasted judicial time; appellant’s attorneys were ordered to pay wasted costs de bonis propriis.
Ensign-Bickford (South Africa) (Pty) Ltd and Others v AECI Explosives & Chemicals Ltd. (4/95) [1998] ZASCA 8; 1998 (2) SA 1085 (SCA); (13 March 1998)
The Court found that the appeal record lodged by the appellants was materially defective, with missing documents, inaccurate indexing, and unnecessary duplications, rendering it impossible for the Court to properly consider the appeal. While the degree of non-compliance was serious and the explanation not compelling, the failure was attributed to those responsible for preparing the record rather than the appellants themselves, who had made persistent efforts to rectify the situation. The Court determined that postponing the appeal, rather than striking it from the roll, would more likely achi…
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