[6] The first activity was contained in a status report, filed on behalf of the plaintiff, dated the 5th of April 2016. In that status report, the plaintiff recorded, in paragraph 3, that the first and third defendants had not compiled with the court orders to make discovery and to file witness statements by 18 March 2016. [7] In paragraph 4 the plaintiff applied for the first and third defendants’ plea, dated 1 October 2015, to be struck. [8] Interestingly enough, annexed to the plaintiff’s status report, is an email emanating from Mr Kasper, the legal practitioner of record of the first and third defendants, sent to Ms Harases and Mr Strydom, the legal practitioners for plaintiff and second defendant, in which Mr Kasper recorded that the same was in order, ‘ … (referring to the status report as filed on behalf of the plaintiff), apart from the fact … that we would contest the request to have first and third defendants claim dismissed …’. [9] Mr Kasper followed up on this email, again noting the contents of the plaintiff’s status report, by filing his own status report, which is dated the 6th of April 2016. In this report he recorded his admission that the first and third defendants had not complied with the court orders to make discovery and to file witness statements by 18 March 2016. This he did in paragraph 3 of his status report. [10] He trial again that the plaintiff had applied for the first and third defendants’ pleas, dated 1 October 2015, to be struck and importantly in paragraph 6, he indicated that the first and third defendants would bring a condonation application for their non-compliance with the above Honourable Court’s Case Management Order, in regard to the non- filing of the discovery as well as the witness statements. [11] Paragraph 7 then undertakes that such application be filed on or before 20 April 2016 and that the other party should indicate whether they would intend to oppose such application and that this indication should be given on or before 29 April 2016 in which event opposing affidavits would have to be filed on or before 11 May 2016.
[6] The first activity was contained in a status report, filed on behalf of the plaintiff, dated the 5th of April 2016. In that status report, the plaintiff recorded, in paragraph 3, that the first and third defendants had not compiled with the court orders to make discovery and to file witness statements by 18 March 2016. [7] In paragraph 4 the plaintiff applied for the first and third defendants’ plea, dated 1 October 2015, to be struck. [8] Interestingly enough, annexed to the plaintiff’s status report, is an email emanating from Mr Kasper, the legal practitioner of record of the first and third defendants, sent to Ms Harases and Mr Strydom, the legal practitioners for plaintiff and second defendant, in which Mr Kasper recorded that ‘ … the same was in order, (referring to the status report as filed on behalf of the plaintiff), … apart from the fact that we would contest the request to have first and third defendants claim dismissed …’. [9] Mr Kasper followed up on this email, again noting the contents of the plaintiff’s status report, by filing his own status report, which is dated the 6th of April 2016. In this report he recorded his admission that the first and third defendants had not complied with the court orders to make discovery and to file witness statements by 18 March 2016. This he did in paragraph 3 of his status report. [10] He again that the plaintiff had applied for the first and third defendants’ pleas, dated 1 October 2015, to be struck and importantly in paragraph 6, he indicated that the first and third defendants would bring a condonation application for their non-compliance with the above Honourable Court’s Case Management Order, in regard to the non- filing of the discovery as well as the witness statements. [11] Paragraph 7 then undertakes that such application be filed on or before 20 April 2016 and that the other party should indicate whether they would intend to oppose such application and that this indication should be given on or before 29 April 2016 in which event opposing affidavits would have to be filed on or before 11 May 2016. trial
Nzianga%20v%20Carlos%20(I%201077-2014)%20[2017]%20NAHCMD%20364%20(17%20August%202017).docx