The High Court considered an application for condonation and leave to appeal in Dzimba and Another v Company Unique Finance (Pty) Limited and Others. The court granted condonation for the late filing, but dismissed the application for leave to appeal with costs. The judgment also refers to earlier findings about the Prescription Act, Rule 10A, and the main application having been launched more than three years after the applicants had sufficient knowledge of their claim.
This may be relevant to litigation involving condonation, leave to appeal, and references to prescription and constitutional challenges.
Evidence from source
It is not in dispute that the last day for filing of an application for leave to appeal against the judgment handed down by me on 12 November 2024, was 3 December 2024.
Supports: deadline for filing application for leave to appeal
In the result, the following orders are issued: 1. First Applicant’s application for condonation for the late filing of its application for leave to appeal is granted, with no order as to costs; 2. The application for leave to appeal is dis
Supports: outcome on condonation and leave to appeal
I cannot find that there is a sound or rational basis to conclude that there is a reasonable prospect of success on appeal, nor is there some other compelling reason why the appeal should be heard.
Supports: reason for dismissing leave to appeal