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AI summary
The High Court considered an application for leave to appeal in a matter about execution against residential immovable property under Rule 46A. The court held that the notice of appeal had been delivered out of time, no condonation or reinstatement had been sought, and that there was no pending appeal on the facts before it. The application was dismissed with costs, including the cost of two counsel where so employed, on Scale B.
This appears to concern appeal procedure, Rule 46A execution proceedings and rescission issues in the Gauteng Division.
Evidence from source
The applicant noted an appeal substantially, in fact 297 days, out of time, failed to seek condonation, failed to prosecute the appeal within the prescribed periods, failed to seek reinstatement after it lapsed
Supports: plain_summary sentence 2
The application is accordingly dismissed with costs, including the cost of two counsel, where so employed, on Scale B.
Supports: plain_summary sentence 3
The application concerned the execution against residential immovable property under Rule 46A
Supports: plain_summary sentence 1