The High Court in Pretoria dealt with an appeal against a magistrate’s order and an application for condonation for a late appeal. The Court found that the condonation papers did not deal with prospects of success and dismissed the application. It also held that the appeal had lapsed and ordered the appellant’s attorney to pay costs de bonis propriis on an attorney and client scale.
This may be relevant to appeal procedure and condonation matters in the magistrates’ court and High Court context.
Evidence from source
It is common cause that the appeal was lodged out of time and the appellant filed an application for condonation for the late filing of the appeal.
Supports: Summary sentence 1: the matter concerned an appeal and a condonation application for late filing.
As the prospects of success is not addressed, there are no prospects of success and the delay need not be addressed.
Supports: Summary sentence 2: the Court found the condonation papers did not deal with prospects of success.
33.1 The application for condonation is dismissed. 33.2 The appeal has lapsed; 33.3 The appellant’s attorney is to carry the costs de bonis propriis on an attorney and client scale.
Supports: Summary sentence 3: the application was dismissed, the appeal lapsed, and costs were awarded against the attorney.