Futeni Collection (Pty) Ltd v De Duine (Pty) Ltd (3044 of 2014) [2015] NAHCMD 119 (27 May 2015)

Futeni Collection (Pty) Ltd v De Duine (Pty) Ltd (3044 of 2014) [2015] NAHCMD 119 (27 May 2015)

Plaintiff satisfied requirements for default judgment and substantially complied with rectification prerequisites; rectification granted. Declaration of property executable requires compliance with Rule 108, including obtaining a nulla bona return and serving notice to debtor or occupant, with judicial oversight to protect primary homes.

Citation
[2015] NAHCMD 119
Parties
Plaintiff: Futeni Collection (Pty) Ltd; Defendant: De Duine (Pty) Ltd
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
27 May 2015
Case Number
3044 of 2014
Procedural Posture
Civil / Default Judgment Application
Outcome
Default judgment granted; rectification granted; declaration of property executable subject to compliance with Rule 108.
Legal Topics
Default Judgment, Rectification of Contract, Declaration of Property Executable, Judicial Oversight in Execution, Primary Home Definition
Source Language
English
Civil Procedure Contract Law Property Law Default Judgment Rectification of Contract Declaration of Property Executable Judicial Oversight in Execution Primary Home Definition

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Parties

Futeni Collection (Pty) Ltd

Plaintiff

De Duine (Pty) Ltd

Defendant

Procedural Posture

Civil / Default Judgment Application

Legal Issues

  1. 1 Whether the requirements for default judgment have been met
  2. 2 Whether rectification of the written agreement is warranted
  3. 3 Whether the property should be declared specially executable under Rule 108

Ratio Decidendi

Plaintiff satisfied requirements for default judgment and substantially complied with rectification prerequisites; rectification granted. Declaration of property executable requires compliance with Rule 108, including obtaining a nulla bona return and serving notice to debtor or occupant, with judicial oversight to protect primary homes.

Court Disposition

Default judgment granted; rectification granted; declaration of property executable subject to compliance with Rule 108.

Orders

  • Rectification of clause 13 of the written agreement to read 'Erf 85, Hentiesbaai.'
  • Payment of N$ 13,099,759.77.