South Africa Case Law

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)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 19/2023

Judges

Petersen, Reid, Mfenyana

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

Elrico Koen t/a Elrico Motors v Wuister (16750/2024)

Elrico Koen t/a Elrico Motors v Wuister (16750/2024) [2024] ZAWCHC 373 (18 November 2024)

Court

Western Cape High Court, Cape Town

Case number

16750/2024

Judge

A Bhoopchand

The High Court dismissed an application to reinstate a lapsed appeal, finding the delay unexplained, the record poorly prepared, and no prospects of success.

• Condonation For Late Appeal
• Reinstatement Of Lapsed Appeal
• Magistrates Court Appeal
• Rule 27 Extension
• Prospects Of Success
• Condonation-for-late-appeal

Letsoenyo v Moorcroft - Appeal (A8/2023)

Letsoenyo v Moorcroft - Appeal (A8/2023) [2023] ZAFSHC 332 (18 August 2023)

Court

Free State High Court, Bloemfontein

Case number

A8/2023

Judges

MOLITSOANE, VAN RHYN

The High Court refused condonation and reinstatement of a lapsed appeal, finding the delay unexplained, the record incomplete, and no prospects of success.

• Condonation
• Reinstatement Of Lapsed Appeal
• Defamation
• Violation Of Dignity
• Record Reconstruction
• Reinstatement-of-lapsed-appeal

Sungay v Schliemann N.O (A58/2023)

Sungay v Schliemann N.O (A58/2023) [2023] ZAWCHC 134 (9 June 2023)

Court

Western Cape High Court, Cape Town

Case number

A58/2023

Judges

Lekhuleni, Ndita

High Court refused condonation to revive a lapsed magistrates' court appeal, finding the delay unexplained and the appeal lacking prospects of success.

• Condonation
• Reinstatement Of Lapsed Appeal
• Quantum Of Damages
• Motor Vehicle Accident
• Expert Evidence
• Lapsed-appeal

Plaatjie NO and Another v Matsepe NO (A154/2017)

Plaatjie NO and Another v Matsepe NO (A154/2017) [2019] ZAFSHC 88 (6 June 2019)

Court

Free State High Court, Bloemfontein

Case number

A154/2017

Judges

P J Loubser, C J Musi, M N Mbhele

The court found that the appellants failed to comply with the procedural rules for prosecuting the appeal and provided no adequate explanation for the inordinate delay of approximately ten months. The only affidavit in support of condonation was from their attorney, with no direct explanation from the appellants. The principles of condonation require a detailed and satisfactory account of the delay, which was lacking. The court held that, in such circumstances, the prospects of success on the merits are irrelevant. Even if considered, the appellants did not demonstrate good prospects of succe…

Source excerpt

• Condonation
• Reinstatement Of Lapsed Appeal
• Interpretation Of Contract
• Acknowledgement Of Debt

Osman v Anirudhra and Another (19620/17)

Osman v Anirudhra and Another (19620/17) [2018] ZAWCHC 55 (2 May 2018)

Court

Western Cape High Court, Cape Town

Case number

19620/17

Judges

DM Thulare, CM Fortuin

The court held that Rule 27(1) and (2) of the Uniform Rules of Court applies to applications for reinstatement of lapsed appeals from magistrates' courts. The respondents provided a substantive explanation for their delay, namely difficulties in obtaining the court record and late discovery that proceedings were not electronically recorded. The court found that the respondents acted promptly once aware of the situation and that their explanation, combined with prospects of success on appeal, satisfied the requirement of good cause. The applicant failed to provide sufficient evidence that the…

Source excerpt

• Reinstatement Of Lapsed Appeal
• Extension Of Time
• Summary Judgment
• National Credit Act
• Credit Provider Registration

Road Accident Fund v Ramalebana (A5019/09)

Road Accident Fund v Ramalebana (A5019/09) [2010] ZAGPJHC 52 (25 June 2010)

Court

South Gauteng High Court, Johannesburg

Case number

A5019/09

Judges

F Kathree-Setiloane, P Boruchowitz, C G Lamont

The High Court dismissed the Road Accident Fund’s application to reinstate a lapsed appeal, finding the explanation inadequate, procedural defaults serious, and prospects of success absent.

• Reinstatement Of Lapsed Appeal
• Condonation
• Non Compliance With Rules
• Costs Order
• Lapsed-appeal
• Appeal-procedure

Minister of Trade and Industry and Klein NO and Another (695/2008)

Minister of Trade and Industry and Klein NO and Another (695/2008) [2009] ZASCA 77; [2009] 4 All SA 328 (SCA) (1 June 2009)

Court

Supreme Court of Appeal

Case number

695/2008

Judges

Farlam, Cloete, Ponnan, Leach, Bosielo

The Supreme Court of Appeal refused condonation for a late appeal, finding no acceptable explanation for the delay and that the dispute was moot.

• Condonation
• Reinstatement Of Lapsed Appeal
• Practical Effect
• Costs Order
• Lapsed-appeal
• Mootness