Condonation of delay accepted where advocate's illness and death explained the belated filing of the appeal.

A delay of about three months and seven days in filing the appeal was condoned because the appellant explained that the advocate who had originally handled the matter became ill and later died, after which the brief was obtained and the appeal filed. The Tribunal accepted that the delay was not intentional and that sufficient cause existed for the belated filing. On that basis, the miscellaneous application was allowed.

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Issues: Whether the delay of about three months and seven days in filing the appeal was liable to be condoned.

Analysis: The delay was explained by reference to the illness and subsequent death of the advocate who had earlier handled the matter, followed by the appellant obtaining the brief and filing the appeal thereafter. On these facts, the Tribunal accepted that the delay was not intentional and that sufficient cause was shown for the belated filing.

Conclusion: The delay was condoned and the miscellaneous application was allowed.

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