China Jiangsu International Namibia Ltd and J. Schneiders Builders CC and Another (1425 of 2009) [2010] NAHC 134 (5 October 2010)

China Jiangsu International Namibia Ltd and J. Schneiders Builders CC and Another (1425 of 2009) [2010] NAHC 134 (5 October 2010)

The second defendant's bare denial of the plaintiff's detailed allegations regarding reckless or fraudulent conduct and intent to defraud was evasive, ambiguous, and failed to answer the point of substance as required by the rules of court. The plea did not disclose a defence and was therefore set aside.

Citation
[2010] NAHC 134
Parties
Plaintiff: China Jiangsu International Namibia Limited; 1st Defendant: J. Schneiders Builders CC; 2nd Defendant: Jakobus Schneiders
Court
High Court
Jurisdiction
Namibia
Judgment Date
5 October 2010
Case Number
1425 of 2009
Procedural Posture
Civil / Ruling on Exceptions to Defence
Outcome
exceptions upheld; plea set aside; leave to amend granted
Legal Topics
Exceptions, Pleadings, Personal Liability of Members, Close Corporations, Reckless or Fraudulent Trading
Source Language
English
Corporate Law Civil Procedure Exceptions Pleadings Personal Liability of Members Close Corporations Reckless or Fraudulent Trading

Case Brief

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Parties

China Jiangsu International Namibia Limited

Plaintiff

J. Schneiders Builders CC

1st Defendant

Jakobus Schneiders

2nd Defendant

Procedural Posture

Civil / Ruling on Exceptions to Defence

Legal Issues

  1. 1 Whether the defendants' pleas disclose a defence to the plaintiff's claim for payment under a construction contract and personal liability under section 64 of the Close Corporations Act
  2. 2 Whether the second defendant's bare denial is sufficient in law

Ratio Decidendi

The second defendant's bare denial of the plaintiff's detailed allegations regarding reckless or fraudulent conduct and intent to defraud was evasive, ambiguous, and failed to answer the point of substance as required by the rules of court. The plea did not disclose a defence and was therefore set aside.

Court Disposition

exceptions upheld; plea set aside; leave to amend granted

Orders

  • The exceptions succeed with costs and the defendant’s plea is set aside.
  • Leave is granted to the defendants to file an amended plea within 15 days from date of delivery of this judgment.