Ndjoze and Another v Kahee (APPEAL 164 of 2010) [2011] NAHC 22 (10 February 2011)

Mr Mbaeva's mandate as legal practitioner for the deceased terminated upon her death; he had no authority to bring the application for substitution under Rule 15(3) without being appointed as executor or similar legal representative; the notice filed was an irregular step and must be set aside.

Citation: [2011] NAHC 22
Parties: Applicant: Cecilie Ndjoze; Applicant: Menason Marenga; Respondent: Adelheid Kahee (born Huambi)
Court: High Court
Jurisdiction: Namibia
Judgment Date: 10 February 2011
Case Number: APPEAL 164 of 2010
Procedural Posture: Application / Ruling on Interlocutory Application Under Rule 30
Outcome: application granted
Legal Topics: Irregular Proceedings, Substitution of Parties, Termination of Mandate Upon Death
Source Language: English

Civil Procedure Irregular Proceedings Substitution of Parties Termination of Mandate Upon Death

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 3 Authorities cited 6 Party arguments 2

Parties

Cecilie Ndjoze

Applicant

Menason Marenga

Applicant

Adelheid Kahee (born Huambi)

Respondent

Procedural Posture

Application / Ruling on Interlocutory Application Under Rule 30

Legal Issues

1 Whether the notice in terms of Rule 15(3) filed by Mbaeva & Associates constitutes an irregular step or proceeding
2 Whether Mr Mbaeva had authority to act as legal representative for the deceased after her death

Ratio Decidendi

Court Disposition

application granted

Orders

Applicants’ Rule 30 application succeeds
The notice in terms of Rule 15(3) dated 04 August 2010 filed by Mbaeva & Associates is declared an irregular step or proceeding and is set aside