Simon Lindsay Draycott v Max Hurbert Bega and Others

The dispute originated from the sale of two immovable properties by the applicant to the respondents in 2016. It later emerged that the properties belonged to the eThekwini Municipality and that the applicant had no title or authority to sell them. Transfers were set aside by declaratory relief in 2018, and in 2022 the respondents successfully obtained judgment against the applicant for repayment of the purchase prices. The applicant’s application for leave to appeal was refused by the High Court and subsequently by the Supreme Court of Appeal. The applicant then sought reconsideration under s 17(2)(f) of the Superior Courts Act. Although condonation was initially granted and the matter referred for oral argument, the applicant failed to comply with the SCA Rules by filing the record and heads of argument late and, crucially, failed to apply for condonation for the late filing of the heads of argument. As a result, the appeal lapsed.

The matter was struck off the roll with costs.

The judgment reinforces strict compliance with the procedural rules of the Supreme Court of Appeal and confirms that condonation is an indispensable prerequisite for reviving a lapsed appeal or reconsideration application. It underscores the finality and discipline of appellate procedure under the Superior Courts Act.