Minister of Police v Ngoyo (Leave to Appeal) (5341/2018) [2024] ZAECMHC 83 (5 November 2024)
Court
Eastern Cape High Court, Mthatha
Case number
5341/2018
Judge
RWN Brooks
The High Court dismissed condonation and leave to appeal, finding a 14-month unexplained delay, peremption through acquiescence, and negligible prospects of success.
Condonation For Late Filing
Peremption Of Appeal Right
Prescription Of Claim
Institution Of Legal Proceedings Against Organs Of State
LT Real Estate CC t/a Maxprop Tongaat v Venketsamy (AR42/2018) [2020] ZAKZDHC 50 (9 October 2020)
Court
Kwazulu-Natal High Court, Durban
Case number
AR42/2018
Judges
Chetty, Vahed
The court found that the appellant had failed to comply with multiple procedural requirements for prosecuting the appeal, including late delivery of the notice of appeal, failure to apply for a hearing date within the prescribed period, and late delivery of the appeal record. The explanation for the delay was inadequate, lacking detail and failing to cover the entire period. The appellant's conduct, including the offer to pay taxed costs after judgment, was inconsistent with an intention to appeal and amounted to peremption of the right to appeal. The application for condonation was not suppo…