Edison Building enterprises CC v R. Furnis T/A Electrifix (APPEAL 403 of 2013) [2014] NAHCMD 150 (29 April 2014)

Edison Building enterprises CC v R. Furnis T/A Electrifix (APPEAL 403 of 2013) [2014] NAHCMD 150 (29 April 2014)

The application was dismissed due to the applicant's failure to join necessary parties (the Judge President, Registrar, and Attorney-General) in a constitutional challenge, compounded by other unsatisfactory features such as failure to state when the applicant became aware of the default judgment, failure to properly plead the constitutional challenge, and delay in bringing the application.

Citation
[2014] NAHCMD 150
Parties
Applicant: Edison Building Enterprises CC; Respondent: R. Furnis t/a Electrifix
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
29 April 2014
Case Number
APPEAL 403 of 2013
Procedural Posture
Application for Rescission of Judgment / Ruling on Opposed Application for Rescission
Outcome
Application dismissed with costs
Legal Topics
Rescission of Judgment, Default Judgment, Non Joinder of Necessary Parties, Constitutionality of Court Rules
Source Language
English
Civil Procedure Constitutional Law Rescission of Judgment Default Judgment Non Joinder of Necessary Parties Constitutionality of Court Rules

Case Brief

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Parties

Edison Building Enterprises CC

Applicant

R. Furnis t/a Electrifix

Respondent

Procedural Posture

Application for Rescission of Judgment / Ruling on Opposed Application for Rescission

Legal Issues

  1. 1 Whether the failure to join the Judge President, Registrar, and Attorney-General is fatal to the application
  2. 2 Whether Rule 31(5)(a) of the High Court Rules offends the Constitution
  3. 3 Whether the application for rescission was brought within a reasonable time

Ratio Decidendi

The application was dismissed due to the applicant's failure to join necessary parties (the Judge President, Registrar, and Attorney-General) in a constitutional challenge, compounded by other unsatisfactory features such as failure to state when the applicant became aware of the default judgment, failure to properly plead the constitutional challenge, and delay in bringing the application.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs, including the costs of one instructed and one instructing counsel.