Western Reefs Primary School v Erasmus Jooste Inc (CIV APP FB 19/2023)
Western Reefs Primary School v Erasmus Jooste Inc (CIV APP FB 19/2023) [2025] ZANWHC 39 (21 February 2025)
The court found that Erasmus Jooste Inc, as a firm of attorneys, failed to provide a reasonable and sufficient explanation for the delay in prosecuting the appeal. The misunderstanding regarding the need for a transcript was not justifiable for a professional litigant. The delay was substantial, and the explanation was weak, especially given the value of the claim and the expectation of diligence from attorneys. The documents required by the discovery order were not produced, and the claim was properly struck out. The interests of justice and the need for finality in litigation outweighed any…
Source excerpt
- Condonation For Late Appeal
- Reinstatement Of Lapsed Appeal
- Discovery And Document Production
- Striking Out Of Claim
- Attorney Client Fees