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25 May 2012
   
 
 
 
 
 
 
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Minister of Agriculture and Land Affairs v C J Rance - 593 KB
 

Summary: Condonation in terms of section 3(4)(b) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 - rationale for notice period discussed - factors to be considered for condonation - statutory requirements not met.

Order:
On appeal from: North Gauteng High Court, Pretoria (Tlhapi AJ sitting as court of first instance):


1 The appeal is upheld with costs, including the costs of two counsel.

2 The order of the court below is set aside and substituted with the following:

'1 The application for condonation in terms of paragraphs 2 and 3 of the Notice of Motion is dismissed with costs, including the costs of two counsel.

2 The respondent's application to strike out the replying affidavit, with the exclusion of paragraphs 26, 27, 28, 45 and 84 is granted with costs, including the costs of two counsel.'

 

 

Edited by: Creamer Media Reporter
 
 
 
 
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