Beukes v Kubitzausboerdery (Pty) Ltd (2) (Judgment in respect of costs) (SA 18 of 2019) [2020] NASC 24 (20 July 2020)

Beukes v Kubitzausboerdery (Pty) Ltd (2) (Judgment in respect of costs) (SA 18 of 2019) [2020] NASC 24 (20 July 2020)

The costs order was altered because it was made in error, as the appellants were legally aided and the respondent did not seek costs, and no prejudice would result from correcting the order.

Citation
[2020] NASC 24
Parties
Appellant: Dawid Beukes; Appellant: Markus Noabeb; Appellant: Elfriede Garoes; Appellant: Willem Haakskeen; Appellant: Maria Tsuses; Appellant: Petrus Kastoor; Appellant: Johannes Wambo; Appellant: Markus Gauseb; Appellant: Timotheus Gariseb; Appellant: Swartbooi Traditional Authority; Respondent: Kubitzausboerdery (Pty) Ltd
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
20 July 2020
Case Number
SA 18 of 2019
Procedural Posture
Civil Appeal / Judgment on Costs After Appeal Struck From Roll
Outcome
Appeal struck from the roll; costs order altered to remove costs against appellants.
Legal Topics
Costs, Legal Aid, Appeal Procedure
Source Language
English
Civil Procedure Costs Legal Aid Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Dawid Beukes

Appellant

Markus Noabeb

Appellant

Elfriede Garoes

Appellant

Willem Haakskeen

Appellant

Maria Tsuses

Appellant

Petrus Kastoor

Appellant

Johannes Wambo

Appellant

Markus Gauseb

Appellant

Timotheus Gariseb

Appellant

Swartbooi Traditional Authority

Appellant

Kubitzausboerdery (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Costs After Appeal Struck From Roll

Legal Issues

  1. 1 Whether costs should be awarded against legally aided appellants when respondent did not seek costs

Ratio Decidendi

The costs order was altered because it was made in error, as the appellants were legally aided and the respondent did not seek costs, and no prejudice would result from correcting the order.

Court Disposition

Appeal struck from the roll; costs order altered to remove costs against appellants.

Orders

  • The appeal is struck from the roll.