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South Africa decisions
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Thamodran Gouden t/a Trev's Auto v Crawdord Properties CC (AR421/2023) [2024] ZAKZPHC 105 (20 September 2024)
The court refused condonation and an adjournment, held the appeal had lapsed, and ordered punitive costs after finding inadequate delay explanations.
Harrys Tyres (Pty) Limited v Symes and Others (CIV APP FB10/2023) [2024] ZANWHC 75 (13 March 2024)
The Full Court refused condonation and reinstatement of an appeal that had lapsed, finding the delay inadequately explained and prejudicial to creditors.
SA Soutwerke (Pty) Ltd v Camel Rock Trading 520 CC - Appeal (A125/2022) [2023] ZAGPPHC 1195 (26 September 2023)
The court refused condonation and reinstatement of a lapsed appeal, finding SA Soutwerke’s delay inadequately explained and its prospects of success poor.
Ants Liquor Store and Another v Mthethwa (35743/23A) [2023] ZAGPJHC 996 (6 September 2023)
The applicants noted an appeal against the eviction order but failed to prosecute it within the prescribed period, resulting in the appeal lapsing. Without a valid appeal, there is no legal impediment to the execution of the Magistrates Court order. The applicants did not provide a sufficient explanation for their failure to prosecute the appeal or demonstrate any real and substantial injustice that would justify a stay of execution. The court found no prospects of success on appeal and no compelling grounds to suspend execution. Accordingly, the application for a stay of execution was dismis…
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Moipone Fleet (Pty) Ltd v Vimla Engines Gearbox Diff and Suspension (Pty) Ltd and Another (86552/2019) [2020] ZAGPPHC 427 (12 August 2020)
The court held that the respondents’ appeal had lapsed and allowed immediate execution of the earlier order, with police and locksmith assistance.
Sports tarven (Pty) Ltd and Another v Executor, Estate Late A.P Santos and Another (1902/2019) [2019] ZALMPPHC 51 (31 October 2019)
The court found that the first respondent issued the writ of eviction prematurely, as the appeal had not yet been declared lapsed by the court. The mere lapse by operation of the rules does not exhaust the applicants' rights, as they may still apply for condonation and reinstatement. The writ of eviction was therefore a nullity. The applicants satisfied all four requirements for interim relief: they demonstrated a prima facie right to remain on the premises pending appeal, a well-grounded apprehension of irreparable harm to their business and goodwill, the balance of convenience favoured thei…
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Taurus Group of Companies (Pty) Ltd v Vanto and Others (EL1532/2016, ECD3632/2016) [2018] ZAECGHC 4 (30 January 2018)
The High Court held that the respondents’ appeal had lapsed and rejected their claim that a settlement agreement fully extinguished the debt.
Pogostich Business Brokers (Pty) Ltd and Another v Mcleod and Another (247/06) [2006] ZASCA 110; [2006] SCA 136 (RSA) (21 November 2006)
The Supreme Court of Appeal refused to reinstate a lapsed appeal after the appellants chose not to pursue it and gave no satisfactory explanation for the delay.
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