Dos Santos v Unibank Ltd

• Jurisdiction: South Africa
• Citation: 2000 (1) SA 801 (W)

Dos Santos v Unibank Ltd
2000 (1) SA 801 (W)

2000 (1) SA p801

Citation	2000 (1) SA 801 (W)
Case No	A3057/98
Court	Witwatersrand Local Division
Judge	Leveson J, Goldstein J
Heard	September 25, 1998
Judgment	September 25, 1998
Counsel	MF Miller for the appellant; A Kruger for the respondent

Flynote : Sleutelwoorde B

Appeal — From magistrate's court — Record — Record substantially incomplete — Rule 50(7)(c) of Uniform Rules not complied with — Application for condonation required — In such application attorney to indicate what steps taken in attempt to cure omission — Where no application for condonation made, competent strike C appeal off the roll with attorney-and-client costs.

Headnote : Kopnota

Where, in a civil appeal from a decision in a magistrate's court, the record is substantially incomplete due to omissions designated as 'inaudible', there has been non-compliance with Rule 50(7)(c) of the Uniform Rules of Court. In such a case an D application for condonation thereof has to be launched. In such an application an attorney would at least have to indicate what steps have been taken in an attempt to cure the omissions. (At 802A - B and C/D - E.)

It is competent for the Court, where no such application for condonation has been made, to strike the appeal from the roll. As to costs, a record replete with 'inaudibles' constitutes a gross E non-compliance with the Rules and justifies attorney-and-client costs. Such a record is calculated greatly to increase the burden of preparation of the Court of appeal and therefore seriously impedes the administration of justice, which, apart from amounting to discourtesy to the Court, justifies the Court expressing its displeasure through an exemplary costs order. (At 802G/H - H/I.) F

Cases Considered

Annotations

Reported cases

Bekker v Dawkins Steenmakery 1959 (1) SA 32 (T): compared

Kahn v Radyn 1949 (4) SA 552 (C): compared

Pienaar v Cronje 1973 (2) SA 671 (T): applied

Senator Versekeringsmaatskappy Bpk v G Lawrence 1982 (3) SA 136 (A): compared.

Rules Considered

Rules of Court

Uniform Rules of Court, Rule 50(7)(c): see Barrow The Supreme Court Act 59 of 1959 and the Magistrates' Courts Act 32 of 1944 12th ed (1999) Part A at 95. H

Case Information

Appeal from a decision in a magistrate's court. The facts appear from the reasons for judgment.

M F Miller for the...