Afshani and Another v Vaatz (1) (Appeal Judgment) (SA 9 of 2002) [2003] NASC 7 (5 March 2003)

Afshani and Another v Vaatz (1) (Appeal Judgment) (SA 9 of 2002) [2003] NASC 7 (5 March 2003)

A decision by a judge in chambers on review of taxation is not a judgment or order of the High Court for purposes of appeal under section 18 of the High Court Act; there is no statutory provision for such an appeal.

Citation
[2003] NASC 7
Parties
First Appellant: Khodjy Afshani; Second Appellant: Soheil Afshani; Respondent: Katrin Vaatz
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
5 March 2003
Case Number
SA 9 of 2002
Procedural Posture
Appeal / Judgment
Outcome
appeal struck from the roll with costs
Legal Topics
Review of Taxation, Appeals From Judge in Chambers, Costs Orders
Source Language
English
Civil Procedure Review of Taxation Appeals From Judge in Chambers Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Khodjy Afshani

First Appellant

Soheil Afshani

Second Appellant

Katrin Vaatz

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a decision by a judge in chambers on review of taxation is appealable under section 18 of the High Court Act 16 of 1990
  2. 2 Whether such a decision constitutes a judgment or order of the High Court
  3. 3 Whether leave to appeal is required for such decisions

Ratio Decidendi

A decision by a judge in chambers on review of taxation is not a judgment or order of the High Court for purposes of appeal under section 18 of the High Court Act; there is no statutory provision for such an appeal.

Court Disposition

appeal struck from the roll with costs

Orders

  • The appeal is struck from the roll with costs.