De Waal v De Waal (2) (1775 of 2009) [2012] NAHC 103 (12 April 2012)

De Waal v De Waal (2) (1775 of 2009) [2012] NAHC 103 (12 April 2012)

The rescission application was not properly authorized as the legal practitioner who brought it was not named in the power of attorney and there was no confirmatory affidavit from the applicant. There was also no good cause shown for the failure to comply with case management rules. The application was therefore incompetent and fell to be dismissed.

Citation
[2012] NAHC 103
Parties
Applicant/defendant: Burton Bain Bruce De Waal; Respondent/plaintiff: Lucia De Waal (Born Beukes)
Court
High Court
Jurisdiction
Namibia
Judgment Date
12 April 2012
Case Number
1775 of 2009
Procedural Posture
Application for Rescission of Judgment / Judgment on Application for Rescission
Outcome
application dismissed
Legal Topics
Rescission of Judgment, Case Management Rules, Locus Standi, Authority of Legal Practitioner
Source Language
English
Civil Procedure Family Law Rescission of Judgment Case Management Rules Locus Standi Authority of Legal Practitioner

Case Brief

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Parties

Burton Bain Bruce De Waal

Applicant/defendant

Lucia De Waal (Born Beukes)

Respondent/plaintiff

Procedural Posture

Application for Rescission of Judgment / Judgment on Application for Rescission

Legal Issues

  1. 1 Whether the applicant's legal practitioner was authorized to bring the rescission application
  2. 2 Whether there was willful default in failing to comply with case management rules
  3. 3 Whether the rescission application was properly brought under Rule 44(1)(a)

Ratio Decidendi

The rescission application was not properly authorized as the legal practitioner who brought it was not named in the power of attorney and there was no confirmatory affidavit from the applicant. There was also no good cause shown for the failure to comply with case management rules. The application was therefore incompetent and fell to be dismissed.

Court Disposition

application dismissed

Orders

  • The rescission application is dismissed.
  • Costs are awarded to the respondent (plaintiff in the main action) de bonis propriis against Mr Haifidi of the firm Shikongo Law Chambers, on the scale as between attorney and own client.