R.D.D v V.D.D (2024/067120; A2024/005340)
R.D.D v V.D.D (2024/067120; A2024/005340) [2025] ZAGPJHC 428 (6 May 2025)
The High Court condoned the applicant's non-compliance with Rule 35, finding that the substance of section 81 of the Magistrates' Court Act had been observed and that the court retained inherent power to regulate its own process in the interests of justice. On the merits, the court held that the clerk and Magistrate acted reasonably in refusing to allow the claimed disbursements, as there was no evidence of actual payment and the invoices appeared to be for the applicant's own time, which is not recoverable by a litigant in person. The appeal and review were accordingly dismissed.
Source excerpt
- Taxation Of Costs
- Review Of Magistrates Court
- Condonation Of Non Compliance
- Self Represented Litigant Costs