Watt v Malobola and Others

An urgent application was launched in the Land Court by George Fanyana Malobola against Don Andrew Watt and others in June 2023, resulting in a Rule Nisi granted on 31 July 2023. Watt did not personally appear on the return date, although his attorney was present and unsuccessfully sought a postponement. The Rule Nisi was confirmed in his absence. Watt later applied for rescission of that order, alleging he was not properly served and only became aware of the papers shortly before the hearing. His rescission application was filed 26 days late, necessitating an accompanying application for condonation. Watt contended that the delay was due to his attorney’s failure to timeously file the papers and that he had bona fide defences on the merits relating to the respondent’s status as occupier or labour tenant and alleged conduct on the farm.

Condonation for the late filing of the rescission application was granted; the Rule Nisi confirmed on 31 July 2023 was discharged; the applicant was granted leave to file answering papers within 15 days; no order as to costs was made.

The case clarifies the application of Rule 58 of the Land Court Rules in rescission matters and reaffirms that the interests of justice govern both condonation and rescission applications. It illustrates the Land Court’s flexible, fairness-based approach where procedural defaults occur without fault of the litigant, especially in land-related disputes requiring full ventilation.