Cecil Madondo (In his Capacity as Executor Dative in the Estate of the late Existo Francis Hapaguti DR 401/09) v Stella Hapaguti and The Master of the High Court

Key Issues

• {"issue_text":"Whether there is valid opposition to the application","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent's opposing affidavit not authenticated by notary public"}
• {"issue_text":"Whether it is fatal that applicant's legal practitioner deposed to founding affidavit","issue_type":"procedural","dispositive":"no","related_facts":"Founding affidavit deposed by legal practitioner not applicant"}
• {"issue_text":"Whether failure to seek extension of time is fatal","issue_type":"procedural","dispositive":"no","related_facts":"Applicant filed defective notice within time but seeks condonation"}
• {"issue_text":"Whether it is just and equitable to uplift bar and grant condonation","issue_type":"mixed","dispositive":"yes","related_facts":"Error was bona fide oversight by legal practitioner"}

Background