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[1] On 8 November 2022, this court rescinded the judgment of Goliath DJP, dated 18 March 2022 under case number 12994/2021; simultaneously, we upheld an appeal against that judgment. The first respondent (Mr Jenkins) applies for leave to appeal the rescission order.

[2]    The rescission was granted on an unopposed basis after the court had refused permission for the late filing of Mr Jenkins' answering affidavit. The application for leave to appeal is directed against that refusal. It is necessary to deal in some detail with the reasons for the refusal.