Faida Trading & Clearing Enterprises CC v Nedbank Namibia Limited (143 of 2014) [2016] NAHCNLD 100 (1 December 2016)

Faida Trading & Clearing Enterprises CC v Nedbank Namibia Limited (143 of 2014) [2016] NAHCNLD 100 (1 December 2016)

The applicant's inability to attend court due to incarceration was bona fide and not a delaying tactic. Although the application for postponement was not made strictly timeously, fairness and justice required the granting of the postponement. Any prejudice to the respondent could be cured by an award of costs on the ordinary scale, not a higher scale, as there were no special circumstances justifying punitive costs.

Citation
[2016] NAHCNLD 100
Parties
Applicant: Faida Trading & Clearing Enterprises CC; Respondent: Nedbank Namibia Limited
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
1 December 2016
Case Number
143 of 2014
Procedural Posture
Civil / Interlocutory Application for Condonation and Postponement
Outcome
Application for condonation and postponement granted; costs awarded to respondent on ordinary scale.
Legal Topics
Postponement, Condonation, Costs, Trial Management
Source Language
English
Civil Procedure Postponement Condonation Costs Trial Management

Case Brief

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Parties

Faida Trading & Clearing Enterprises CC

Applicant

Nedbank Namibia Limited

Respondent

Procedural Posture

Civil / Interlocutory Application for Condonation and Postponement

Legal Issues

  1. 1 Whether condonation for non-compliance with court rules should be granted
  2. 2 Whether the application for postponement should be granted
  3. 3 At what scale costs should be awarded for the postponement application

Ratio Decidendi

The applicant's inability to attend court due to incarceration was bona fide and not a delaying tactic. Although the application for postponement was not made strictly timeously, fairness and justice required the granting of the postponement. Any prejudice to the respondent could be cured by an award of costs on the ordinary scale, not a higher scale, as there were no special circumstances justifying punitive costs.

Court Disposition

Application for condonation and postponement granted; costs awarded to respondent on ordinary scale.

Orders

  • Application for condonation of non-compliance with the rules is granted.
  • Application for postponement is granted.