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South Africa decisions
Decisions matching the current search
Van Schalkwyk v Bredenkamp (7650/2024) [2024] ZAWCHC 380 (19 November 2024)
The High Court granted condonation, uplifted the bar, and allowed the defendant’s plea and counterclaim to stand filed in a fees dispute.
Nathaniel Holdings (Pty) Limited v Xtreme Intelligence Systems (Pty) Limited (9255/2020) [2023] ZAGPJHC 164 (3 March 2023)
The High Court uplifted a bar after finding the defendant gave a satisfactory explanation for its default and showed a bona fide defence.
S A Transit Service CC v iCollege Pty Ltd (38592/2020) [2022] ZAGPPHC 63 (14 February 2022)
The High Court removed an out-of-time leave-to-appeal application from the roll because no formal condonation application had been brought.
Barhuizen N.O and Others v Firstrand Bank Limited t/a First National Bank (2706/2021) [2021] ZAFSHC 278 (3 November 2021)
The High Court granted condonation and upliftment of bar so the applicants could file a plea, finding good cause, bona fide delay and arguable prospects of success.
Isibaya House Body Corporate SS279/2007 and Another v City of Johannesburg Metropolitan Municipality (29079/2017) [2021] ZAGPJHC 846 (11 June 2021)
The High Court granted condonation for a replying affidavit filed more than two years late, finding no wilful default and no material prejudice, but ordered costs against the applicants.
NDPP v SP Randall & 2 others (992/2020) [2021] ZAFSHC 76 (25 March 2021)
The court found that the founding affidavit was substantially compliant with Regulation 4 of the Justice of the Peace and Commissioners of Oaths Act 16 of 1963, as the affidavit was initialled and signed appropriately, with the month and place included. The deponent had first-hand knowledge of the facts and authority to depose to the affidavit. The applicant provided a reasonable explanation for the delay, including internal processes and conflict of interest, and communicated with the respondents regarding extensions. The delay was not reckless or intended to frustrate proceedings, and the a…
Source excerpt
Odendaal and Another v Nutigrun (Pty) Ltd (5603/2017) [2018] ZAFSHC 53 (19 April 2018)
The High Court granted condonation for the late filing of an opposing affidavit, finding a satisfactory explanation for the delay and a bona fide defence.
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