Classic Engines CC v Nghikofa (1) (887 of 2010) [2011] NAHC 229 (29 July 2011)

Classic Engines CC v Nghikofa (1) (887 of 2010) [2011] NAHC 229 (29 July 2011)

The plaintiff's particulars of claim set out a complete and intelligible cause of action, identifying the issues to be relied on, and the defendant knows adequately the case it is called upon to meet. The statements are not vague and embarrassing within the meaning of rule 23(1).

Citation
[2011] NAHC 229
Parties
Plaintiff: Classic Engines CC; Defendant: Reinhold Hashetu Nghikofa
Court
High Court
Jurisdiction
Namibia
Judgment Date
29 July 2011
Case Number
887 of 2010
Procedural Posture
Civil / Ruling on Exception (vague and Embarrassing Pleading)
Outcome
Exception dismissed with costs.
Legal Topics
Exception to Pleadings, Vague and Embarrassing Pleadings, Breach of Contract, Damages
Source Language
English
Contract Law Civil Procedure Exception to Pleadings Vague and Embarrassing Pleadings Breach of Contract Damages

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Parties

Classic Engines CC

Plaintiff

Reinhold Hashetu Nghikofa

Defendant

Procedural Posture

Civil / Ruling on Exception (vague and Embarrassing Pleading)

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim are vague and embarrassing within the meaning of rule 23(1)
  2. 2 Whether the plaintiff has pleaded a complete and intelligible cause of action

Ratio Decidendi

The plaintiff's particulars of claim set out a complete and intelligible cause of action, identifying the issues to be relied on, and the defendant knows adequately the case it is called upon to meet. The statements are not vague and embarrassing within the meaning of rule 23(1).

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs, including costs occasioned by the employment of one instructing counsel and one instructed counsel.