Horn v Horn (HC-MD-CIV-MOT-GEN 213 of 2019) [2019] NAHCMD 218 (27 June 2019)

Horn v Horn (HC-MD-CIV-MOT-GEN 213 of 2019) [2019] NAHCMD 218 (27 June 2019)

The court found no special circumstances or vexatious conduct to justify punitive costs. The respondent's offer to restore possession and pay party-party costs was reasonable and should have been accepted earlier, avoiding unnecessary litigation.

Citation
[2019] NAHCMD 218
Parties
Applicant: Albertus Horn; Respondent: Francois Horn
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
27 June 2019
Case Number
HC-MD-CIV-MOT-GEN 213 of 2019
Procedural Posture
Motion / Final Order
Outcome
application granted in part
Legal Topics
Spoliation, Costs, Restoration of Possession
Source Language
English
Civil Procedure Property Law Spoliation Costs Restoration of Possession

Case Brief

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Parties

Albertus Horn

Applicant

Francois Horn

Respondent

Procedural Posture

Motion / Final Order

Legal Issues

  1. 1 Whether the respondent should restore possession of solar panels to the applicant
  2. 2 Whether costs should be awarded on an attorney and own client scale or party-party scale

Ratio Decidendi

The court found no special circumstances or vexatious conduct to justify punitive costs. The respondent's offer to restore possession and pay party-party costs was reasonable and should have been accepted earlier, avoiding unnecessary litigation.

Court Disposition

application granted in part

Orders

  • Respondent to pay applicant's costs on a party-party scale, including costs of one instructed and one instructing counsel.
  • Respondent to restore possession of the solar panels to the applicant by reinstalling them in their previous position before the act of spoliation, on or before 3 July 2019.