Before
CHEDA JA:
In
Chambers, in terms of r34 of the Supreme Court Rules.
This
is an application for an order allowing the applicant condonation of
one day's delay in noting an appeal.
The
application is opposed by the respondent.
The
applicant's case is that the delay of one day was a result of an
error made by its legal advisors on computing the time within which
to appeal. However, once the error was noticed and appropriate action
taken the application for condonation was filed on 22 February.
On
the merits, it is clear that the amount of interest charged is an
arguable amount which requires that evidence be led to establish
certain aspects of the matter.
The
respondent rightly concedes that the Court has a discretion in such a
matter.
I
am satisfied that the period of delay, resulting from an error, is
not unduly long in this case, and that the applicant should be
afforded an opportunity to contest the issue of the interest charged
by the respondent. The applicant was at fault because of the error by
its legal advisors and the respondent should in turn have appreciated
the issue raised by the applicant concerning interest. Opposing the
application was therefore unjustified in my view.
I
am reluctant to grant costs to either party in the circumstances. I
therefore order as follows -
1.
Leave to note an appeal out of time is hereby granted.
2.
Each party will bear its own costs.
Gill,
Godlonton & Gerrans, applicant's legal practitioners
Mutamangira,
Maja & Associates, respondent's legal practitioners
