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South Africa decisions
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Djoufang v Snyders and Others (Reasons) (2025/105798) [2025] ZAWCHC 297 (21 July 2025)
The High Court held that a late, defective notice of appeal did not suspend an eviction order and directed the sheriff to execute the warrant.
Mogashoa and Others v Zwavel's Nest Homeowners Association (Pty) Ltd and Others (30715/2021) [2024] ZAGPPHC 986 (26 September 2024)
The application before the court, although purporting to be an appeal under section 57 of the Community Schemes Ombud Service Act, is not a valid appeal as it was brought by notice of motion rather than notice of appeal. The procedure adopted by the applicants is fundamentally defective and cannot be condoned. The applicants failed to remedy the procedural defect despite being alerted to it and did not seek proper condonation. The setting down of the main application was not irregular, and the application is declared a nullity. The applicants are not precluded from launching a proper appeal a…
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Qiniseka Solutions CC v Shaicon Tendering Service (Pty) Ltd and Another (72572/2017) [2021] ZAGPPHC 851 (1 December 2021)
The court struck an appeal application from the roll because the notice of appeal was late, no condonation was sought, and there was no valid application before it.
CDC (Pty) Ltd v Commissioner for the South African Revenue Service (IT 2020/95) [2021] ZATC 21 (19 November 2021)
The Tax Court dismissed CDC (Pty) Ltd’s default-judgment application after finding no valid notice of appeal had been filed in the prescribed form.
S v Antonie (CA&R86 /04) [2004] ZANCHC 39 (1 November 2004)
The court refused condonation and dismissed a criminal appeal after finding the State proved fraud beyond reasonable doubt in a travel-claim case.
Darries v Sheriff of the Magistrates' Court Wynberg and Another (25/96) [1998] ZASCA 18 (25 March 1998)
The court refused condonation for late appeal papers and security, finding the attorney’s explanations inadequate, misleading in part, and grossly negligent.
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