Geomar Consult (Pty) Ltd v Only Protecting Properties CC (2920 of 2005) [2011] NAHC 173 (17 June 2011)

The filing of the notice of bar was an irregular step while the Rule 30 application was postponed to a date to be arranged with the registrar; consequently, the default judgment was granted erroneously and must be rescinded under Rule 44(1).

Citation: [2011] NAHC 173
Parties: Applicant: Geomar Consult (Pty) Ltd; Respondent: Only Protecting Properties CC
Court: High Court
Jurisdiction: Namibia
Judgment Date: 17 June 2011
Case Number: 2920 of 2005
Procedural Posture: Application for Rescission of Judgment / Judgment
Outcome: application for rescission of judgment granted with costs
Legal Topics: Rescission of Judgment, Irregular Proceedings, Default Judgment
Source Language: English

Civil Procedure Rescission of Judgment Irregular Proceedings Default Judgment

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Parties

Geomar Consult (Pty) Ltd

Applicant

Only Protecting Properties CC

Respondent

Procedural Posture

Application for Rescission of Judgment / Judgment

Legal Issues

1 Whether the default judgment was erroneously granted in the absence of the applicant under Rule 44(1)
2 Whether the filing of a notice of bar was an irregular step while a Rule 30 application was pending

Ratio Decidendi

Court Disposition

application for rescission of judgment granted with costs

Orders

The application for rescission of judgment in terms of Rule 44(1) is granted with costs.