Mokadi v National Tertiary Retirement Fund (A5043/2021)
Mokadi v National Tertiary Retirement Fund (A5043/2021) [2022] ZAGPJHC 876 (14 November 2022)
The court held that the appellant failed to provide a full and reasonable explanation for the twenty-month delay in prosecuting the appeal, as required for condonation. The explanation offered, which relied on the Covid-19 pandemic, financial difficulties, and emotional stress, did not cover the entire period of delay and was deemed superficial and unconvincing. Furthermore, the principle of finality in litigation militated against granting condonation after such an inordinate delay. On the merits, the court found that the writ of execution was incompetent because the amount claimed was not c…
Source excerpt
- Condonation For Late Appeal
- Writ Of Execution
- Liquidity Of Judgment
- Finality Of Litigation