Sebenza Shipping and Forwarding (Pty) Ltd v Passenger Rail Agency of South Africa Society Limited (43909/2016)
Sebenza Shipping and Forwarding (Pty) Ltd v Passenger Rail Agency of South Africa Society Limited (43909/2016) [2018] ZAGPJHC 646 (21 November 2018)
The court found that the Applicant had, through its conduct and correspondence, consented to the Respondent entering the principal case after the expiry of the two-month period prescribed by Rule 8.11. This consent effectively extended the time limit in terms of Rule 27. Even if such consent was not established, the court held that condonation should be granted for the late filing, as the Respondent was not guilty of wilful default and had raised bona fide defences and a substantial counter-claim. The court distinguished Osman Spice Work CC v Corporate International (Pty) Ltd on the basis tha…
Source excerpt
- Provisional Sentence
- Condonation
- Irregular Step
- Consent To Extension
- Security De Restituendo