High Court Corruption and Economic Crimes Division - 2021 August

2 judgments
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2 judgments
Citation
Judgment date
August 2021
Applicant’s satisfactory explanation for non‑appearance justified setting aside dismissal and restoring the appeal with no costs.
Civil Procedure — setting aside dismissal for want of prosecution — Order XXXIX r.19 CPC; sufficiency of reasons for non‑appearance; conduct before dismissal; registry communication failures; interest of justice; no prejudice to respondent.
31 August 2021
Unproven illness and unexplained 46-day delay precluded extension of time to appeal; application dismissed with costs.
Extension of time – sufficient cause – need to account for every day of delay; medical evidence – adequacy of medical letter, need for corroborating documents; pleadings and evidence – submissions not substitute for affidavit; old age not per se sufficient ground for extension.
16 August 2021