The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
Aggrieved by the High Court order concerning its dispute with the respondent, the applicant sought revision thereof from the Court of Appeal. The application was made outside of the 60 day window prescribed by rule 65 the Court of Appeal Rules.
This defect was objected to by the respondent and promptly conceded by the applicant who acknowledged its fatal nature. The main question before the court was to conclude the matter by dismissal or striking out.
Surveying the authoritative case law, the court concluded that the proper position is to dismiss only competent applications; those which suffer from material defects are to be struck out. A time-bar constitutes one such flaw, and so the matter was consequently struck out.