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Once an application is dismissed for being time barred, the court loses jurisdiction to entertain further applications for extension of time in the same matter; repeated applications constitute abuse of court process and justify award of costs.
Source excerpt
High Court dismissed a preliminary objection and held the application was frivolous and vexatious because it sought to bypass final competition procedures.
The preliminary objection does not qualify as a pure point of law because it requires ascertainment of facts through evidence. It is premature to conclude the petition is frivolous or vexatious at this stage. The objection is dismissed.
Source excerpt
The High Court Labour Division struck out a miscellaneous application as incompetent, confusing, frivolous and vexatious, and awarded costs to be borne by applicant’s counsel.
The application was filed out of time without seeking extension after the previous application was struck out. The thirty-day period granted by the court was already utilized, and no further leave was given to refile. Strict adherence to limitation periods is required. The application is therefore dismissed for being time barred, with costs awarded due to frivolous and vexatious litigation.
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