Judicial officers should always bear at the back of their minds, that, their primary function is to dispose of matters on the merits and not flimsy technicalities.This prompted SCHREINER JA, in Trans-African Insurance Co. Ltd v Maluleka 1956 (2) SA 273 (A)…, to remark that:“No doubt, parties and their legal ...
Judicial officers should always bear at the back of their minds, that, their primary function is to dispose of matters on the merits and not flimsy technicalities.
This prompted SCHREINER JA, in Trans-African Insurance Co. Ltd v Maluleka 1956 (2) SA 273 (A)…, to remark that:
“No doubt, parties and their legal advisers should not be encouraged to become slack in the observance of the Rules, which are an important element in the machinery for the administration of justice. But, on the other hand, technical objections to less than perfect procedural steps should not be permitted, in the absence of prejudice, to interfere with the expeditious, and, if possible, inexpensive decision of cases on their real merits.”…,.
