Daveys Micro Construction CC v Ngede (118 of 2012) [2014] NAHCMD 238 (11 June 2014)
The application for rescission was refused because the orders were not made in the absence of any party, were not ambiguous, and contained no patent error or omission. The court had exercised its discretion properly in making the costs orders.
- Citation
- [2014] NAHCMD 238
- Parties
- Plaintiff/respondent: Davey’s Micro Construction CC; Defendant/applicant: Junias Ngede
- Court
- High Court Main Division
- Jurisdiction
- Namibia
- Judgment Date
- 11 June 2014
- Case Number
- 118 of 2012
- Procedural Posture
- Civil / Application for Rescission of Judgment
- Outcome
- application for rescission refused
- Legal Topics
- Rescission of Judgment, Costs Orders, Absolution From the Instance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Davey’s Micro Construction CC
Plaintiff/respondent
Junias Ngede
Defendant/applicant
Procedural Posture
Civil / Application for Rescission of Judgment
Legal Issues
- 1 Whether the cost orders made on 06 November 2013 should be rescinded under Rule 44 of the High Court Rules
- 2 Whether the orders were erroneously granted, ambiguous, or contained a patent error or omission
Ratio Decidendi
The application for rescission was refused because the orders were not made in the absence of any party, were not ambiguous, and contained no patent error or omission. The court had exercised its discretion properly in making the costs orders.
Court Disposition
application for rescission refused
Orders
- The application for rescission of judgment is refused.
- The applicant is ordered to pay the respondent’s costs.
Full Case Text
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