South Africa Case Law

Arte Lifestyle Group (Pty) Ltd v Mkhize N.O (2022/026280)

Arte Lifestyle Group (Pty) Ltd v Mkhize N.O (2022/026280) [2024] ZAGPJHC 1125 (4 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/026280

Judge

Esterhuizen, AJ

The court found that the applicant provided a reasonable and acceptable explanation for the late filing of its plea, as the delay was due to the attorney missing the notice of bar amidst ongoing interlocutory proceedings. The applicant acted promptly upon discovering the default and demonstrated bona fides. The court held that failure to explain the period prior to the notice of bar is not, on its own, sufficient to dismiss the application, especially where the applicant has set out a bona fide defence with prospects of success. The applicant's defences, if established at trial, could entitle…

Source excerpt

• Condonation
• Removal Of Bar
• Late Plea Filing
• Uniform Rules Of Court Rule 27
• Bona Fide Defence

Rand Water Board v Rautenbach and Another (4654/2019)

Rand Water Board v Rautenbach and Another (4654/2019) [2020] ZAGPPHC 89 (26 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

4654/2019

Judge

Kubushi

The court granted condonation for the late filing of a replying affidavit after finding the delay was reasonably explained and justified in the interests of justice.

• Condonation
• Uniform Rules Of Court Rule 27
• Late Filing Of Affidavit
• Irregular Proceedings Rule 30
• Rule-27
• Late-filing-of-affidavit

Ex parte: Nothnagel; In re: Nothnagel v Law Society of the Northern Province (74204/2015)

Ex parte: Nothnagel; In re: Nothnagel v Law Society of the Northern Province (74204/2015) [2017] ZAGPPHC 362 (10 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

74204/2015

Judges

Makhoba, PMab

The High Court granted condonation for the late filing of an answering affidavit in a re-admission application for an attorney, reserving costs for the main case.

• Condonation
• Late Filing Of Affidavit
• Uniform Rules Of Court Rule 27
• Re Admission Of Attorney
• Late-filing-of-affidavit
• Uniform-rules-of-court-rule-27

Standard Bank of South Africa Ltd v Erasmus (56672/2013)

Standard Bank of South Africa Ltd v Erasmus (56672/2013) [2016] ZAGPPHC 126 (23 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

56672/2013

Judge

Msimeki

The High Court refused condonation for a late opposing affidavit in rescission proceedings, finding the delay inordinate and inadequately explained.

• Condonation
• Rescission Of Judgment
• Uniform Rules Of Court Rule 27
• Default Judgment
• Late Filing
• Good Cause Requirement

Austin v Sentoo and Another (42443/2008)

Austin v Sentoo and Another (42443/2008) [2016] ZAGPPHC 147 (23 February 2016)

Court

North Gauteng High Court, Pretoria

Case number

42443/2008

Judge

M W Msimeki

The High Court refused condonation for a nearly four-year late declaration, finding the applicant’s explanation for delay inadequate and unsupported.

• Condonation
• Extension Of Time
• Uniform Rules Of Court Rule 27
• Failure To Comply With Court Order
• Sequestration Effect On Proceedings
• Extension-of-time