Dlamini obo 242 vs Liquidator Royal Swazi Spa and Subsidiaries N.O and Others (15/2023) [2023] SZSC 48 (6 December 2023)

Civil procedure - Appeal filed after expiry of dies in
terms of Rule 8 (1) - Notice of appeal filed contemporaneously with application seeking (a) leave to "file" appeal and (b) condonationfor late filing of notice of appeal - In terms of Rule 8(2) Registrar not to file any notice of appeal presented after such expiry unless leave to appeal out of time previously obtained - Rule 8(2) peremptory - Registrar erroneously accepting late notice of appeal with result that appeal not properly before court - Rules 8(2) and 17 juxtaposed and considered - Application measured against requirements vis-a-vis reasonable explanation for delay and prospects of success - Sufficient case not made out and application dismissed.

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