Condonation of delay in appeal granted on sufficient cause, with costs imposed and matter remitted for merits

Delay of 362 days in filing the appeal before the High Court was condoned after the Court accepted that the lapse arose from an internal difference of opinion among officers followed by a decision to seek legal opinion and proceed with the appeal. The Court treated the circumstances and importance of the matter as sufficient cause, but imposed compensatory costs on the appellant. The appeal was then remitted to the High Court for decision on merits.

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Issues: Whether the delay of 362 days in filing the appeal before the High Court should be condoned and the appeal heard on merits.

Analysis: The delay was attributed to a difference of opinion between the officers and the subsequent decision to obtain legal opinion and file the appeal. Having regard to these circumstances and the importance of the matter, the Court found that the delay deserved to be condoned, with compensatory costs payable to the respondent.

Conclusion: The delay in filing the appeal before the High Court was condoned on payment of costs, and the matter was remitted to the High Court for decision on merits.

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