BV Investments 264 CC and Another v FNB Namibia Holdings Ltd and Others (5) (362 of 2010) [2015] NAHCMD 6 (29 January 2015)

BV Investments 264 CC and Another v FNB Namibia Holdings Ltd and Others (5) (362 of 2010) [2015] NAHCMD 6 (29 January 2015)

There is no action existing under case no. I 362/2010 for the court to adjudicate; therefore, the plaintiffs are not entitled to bring an application for judgment by default. The application is frivolous and vexatious and must be dismissed with punitive costs.

Citation
[2015] NAHCMD 6
Parties
Plaintiff: BV Investments 264 CC; Plaintiff: Fredrich Willy Schroeder; Defendant: FNB Namibia Holdings Limited; Defendant: Allgemeine Zeitung; Defendant: Erwin Leuscher
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
29 January 2015
Case Number
362 of 2010
Procedural Posture
Civil / Application for Default Judgment After Dismissal of Action
Outcome
application dismissed with costs
Legal Topics
Default Judgment, Dismissal of Action, Jurisdiction, Costs
Source Language
English
Civil Procedure Default Judgment Dismissal of Action Jurisdiction Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

BV Investments 264 CC

Plaintiff

Fredrich Willy Schroeder

Plaintiff

FNB Namibia Holdings Limited

Defendant

Allgemeine Zeitung

Defendant

Erwin Leuscher

Defendant

Procedural Posture

Civil / Application for Default Judgment After Dismissal of Action

Legal Issues

  1. 1 Whether an application for default judgment can be brought in a matter where the action has already been dismissed
  2. 2 Whether the court has jurisdiction to entertain such an application
  3. 3 Effect of prior court orders and the principle of finality

Ratio Decidendi

There is no action existing under case no. I 362/2010 for the court to adjudicate; therefore, the plaintiffs are not entitled to bring an application for judgment by default. The application is frivolous and vexatious and must be dismissed with punitive costs.

Court Disposition

application dismissed with costs

Orders

  • The application for judgment by default is dismissed.
  • The plaintiffs must pay costs of the application; one paying, the other to be absolved, on a scale as between attorney (legal practitioner) and client.