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.
The appellant sought an order to restore its appeal that had been dismissed by the appeal court after failure to transmit the record of appeal. The main issue was whether the appellant had provided good and sufficient reason to have the appeal restored.
The application presented before the court was brought on the invocation of order 8 rule 20 of the court of appeal rules. The rule provides that an appellant whose appeal had been dismissed under the rule may apply by notice of motion that the appeal be restored and any such application may be made to the court, which may, in its discretion for good and sufficient cause order that such terms as they think fit.
The court held that in order for a court to justify the exercise of the court’s discretion in favour of an applicant, there must be some material upon which to base the exercise of that discretion. Any exercise of the court’s discretion where no material for such exercise had been placed before the court would certainly give a party in breach of the rules of court an uninhibited right to unmerited relief.
The court found the applicant’s explanation for failing to transmit the record of the proceedings of the lower court to the appeal court within the time prescribed was unconvincing and did not amount to good and sufficient cause. The appeal was thus dismissed.
The applicant sought an order setting aside the judgement of the trial court due to a procedural flaw.
The court had to consider whether the trial court acted without jurisdiction when it struck out the application for a stay in proceedings.
The court held that the trial court, in not carrying out the required procedure when it struck out the application, acted without jurisdiction.
The court stated that the trial judge erred by allowing the respondent to make oral application and ought to have informed the respondent to file an application to relist the motion that was struck out. The court went on to say that it was settled practice that a formal application is required to restore motions that were previously struck out. As a result, the trial court, in deviating from settled practice acted without jurisdiction.
Consequently, the application for certiorari succeeds and the ruling of the trial court was quashed.
In this case the appellant sought a reversal of an order made by the Court of Appeal overturning the lower court’s judgement. The appellant argued that the Court of Appeal had no authority to consider the appeal, because it was improperly constituted as it was filed out of time.
The Supreme Court considered whether the Court of Appeal (a) had jurisdiction over the matter despite the delayed filing of the appeal and (b) whether the appeal had merit to succeed.
The Supreme Court held that time limitations can be extended under certain circumstances and at the discretion of the court. In this case, however, the defendant (applicant before the Court of Appeal) did not provide any reasons for his delay nor a defence to the claim that the appeal was filed late. Consequently, the Court of Appeal had no jurisdiction to determine the merits of the appeal. The Supreme Court set the judgement aside and restored the High Court judgement.
The applicant instituted a civil suit against the respondent in 2013 in a lower court. This suit was in relation to a consulting and ICT support services fees provided by the applicant for the respondent. With the applicant having not taken any step to prosecute the matter since 2013, the respondent applied to have the suit dismissed for want of prosecution. The court accordingly dismissed the suit.
In this court, the applicant sought an order to reinstate this civil suit and set aside the dismissal. The respondent contended that the applicant’s failure to take steps to prosecute the suit against the respondent for over three years, was justification for dismissal of want of prosecution. Furthermore, the applicant had not shown any justification for failure to take these requisite steps.
The respondent thus claimed that this application would prejudice him as he had been burdened by the suit since 2013.
This court held that the reinstatement of this civil suit would indeed prejudice the respondent. The application was dismissed on the grounds that it defeats the defence of limitation (as the claim or suit proceeded out of time) available to the respondent.