In Brief
A suit for specific performance of a land sale agreement was filed in 1998. The trial court partly decreed it (ordering refund only). On appeal, the lower appellate court granted specific performance ex parte, without hearing the appellant. The appellant's subsequent second appeal to the High Court was dismissed as time-barred, with a 650-day delay. The Supreme Court allowed the appeal, holding that the High Court erred by rejecting condonation of delay without enquiring into the appellant's evidence of address change. The Court found that when notice is served by publication and conflicting evidence exists about residence, a lenient view should be taken in the interest of justice, particularly where the appellant was denied a hearing below.
The lawyer headnote and full judgment text are available to registered users.