Kamwi v Duvenhage and Another (1) (SA 22 of 2008) [2008] NASC 17 (24 November 2008)

Kamwi v Duvenhage and Another (1) (SA 22 of 2008) [2008] NASC 17 (24 November 2008)

The appeal was struck off the roll because the appellant failed to file a complete record of appeal, failed to file the record within the prescribed time, and failed to furnish security for costs as required by the rules. No application for condonation was made by the appellant for these breaches.

Citation
[2008] NASC 17
Parties
Appellant: Alex Mabuku Kamwi; Respondent: Hannelie Duvenhage; Respondent: Etzold-Duvenhage Legal Practitioners
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
24 November 2008
Case Number
SA 22 of 2008
Procedural Posture
Civil Appeal / Preliminary Objections Before Hearing on Merits
Outcome
appeal struck off the roll with costs
Legal Topics
Default Judgment, Appeal Procedure, Record of Appeal, Security for Costs, Condonation
Source Language
English
Civil Procedure Appellate Practice Default Judgment Appeal Procedure Record of Appeal Security for Costs Condonation

Case Brief

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Parties

Alex Mabuku Kamwi

Appellant

Hannelie Duvenhage

Respondent

Etzold-Duvenhage Legal Practitioners

Respondent

Procedural Posture

Civil Appeal / Preliminary Objections Before Hearing on Merits

Legal Issues

  1. 1 Whether the appeal should be struck off for failure to file a complete record of appeal
  2. 2 Whether the appeal should be struck off for late filing of the record of appeal
  3. 3 Whether the appeal should be struck off for failure to furnish security for costs

Ratio Decidendi

The appeal was struck off the roll because the appellant failed to file a complete record of appeal, failed to file the record within the prescribed time, and failed to furnish security for costs as required by the rules. No application for condonation was made by the appellant for these breaches.

Court Disposition

appeal struck off the roll with costs

Orders

  • The appeal is struck off the roll with costs.
  • Condonation is granted for the late filing of the respondents’ heads of argument.