Barrow v Baker [1911] ZATPD 142 (25 October 1911)

Appeal - Time - Leave to Prosecute after Prescribed Period - "Good Cause" - Rule of Court 95 - Costs

Appeal having been noted, about a month was occupied in unsuccessful attempts by the parties to bring about a settlement. Thereafter a clerk of the appellant's attorney went to the Registrar's office to set the case down for hearing on a date falling within the prescribed period of six weeks, but finding that the roll was full for that date by mistake set the case down for a later date not falling within the said period. The prescribed period elapsed before the error was discovered.

Held, that good cause existed for the Court to grant leave to prosecute the appeal and that the appellant should be ordered to pay the costs of the application for such leave even though the respondent had opposed it.