BV Investments 264 CC and Another v FNB Namibia Holdings Ltd and Others (1) (362 of 2010) [2011] NAHC 228 (28 July 2011)

BV Investments 264 CC and Another v FNB Namibia Holdings Ltd and Others (1) (362 of 2010) [2011] NAHC 228 (28 July 2011)

The action was dismissed because the exception was upheld and no application for leave to amend was made.

Citation
[2011] NAHC 228
Parties
Plaintiff: BV Investments 264 CC; Plaintiff: Fredrich Willy Schroeder; Defendant: FNB Namibia Holdings Ltd; Defendant: Allgemeine Zeitung; Defendant: Erwin Leuschner
Court
High Court
Jurisdiction
Namibia
Judgment Date
28 July 2011
Case Number
362 of 2010
Procedural Posture
Civil / Judgment on Application for Dismissal After Exception Upheld
Outcome
Action against the first defendant dismissed with costs
Legal Topics
Exception to Pleadings, Dismissal of Action, Costs
Source Language
English
Civil Procedure Exception to Pleadings Dismissal of Action Costs

Case Brief

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Parties

BV Investments 264 CC

Plaintiff

Fredrich Willy Schroeder

Plaintiff

FNB Namibia Holdings Ltd

Defendant

Allgemeine Zeitung

Defendant

Erwin Leuschner

Defendant

Procedural Posture

Civil / Judgment on Application for Dismissal After Exception Upheld

Legal Issues

  1. 1 Whether the action should be dismissed after exception upheld and no motion for leave to amend was filed

Ratio Decidendi

The action was dismissed because the exception was upheld and no application for leave to amend was made.

Court Disposition

Action against the first defendant dismissed with costs

Orders

  • The action instituted against the first defendant under Case No. I 362/2010 is dismissed with costs, including costs for one instructing and one instructed counsel.