Kadhila v Makili (CA 14 of 2011) [2011] NAHC 235 (4 August 2011)

Kadhila v Makili (CA 14 of 2011) [2011] NAHC 235 (4 August 2011)

The default judgment was void ab origine as it was granted by the clerk for an unliquidated claim without proper affidavit evidence, contrary to the rules. The appellant provided a reasonable explanation for the delay and demonstrated a bona fide defence. The magistrate erred in refusing condonation.

Source-derived case information.

Citation
[2011] NAHC 235
Parties
Appellant: Gideon Lisias Kadhila; Respondent: Ndinelago Makili
Court
High Court
Jurisdiction
Namibia
Judgment Date
4 August 2011
Case Number
CA 14 of 2011
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Condonation, Rescission of Judgment, Default Judgment, Liquidated Vs Unliquidated Claims
Source Language
english
Civil Procedure Condonation Rescission of Judgment Default Judgment Liquidated Vs Unliquidated Claims

Source-derived case record

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Parties

Gideon Lisias Kadhila

Appellant

Ndinelago Makili

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the clerk of court could grant default judgment for an unliquidated claim
  2. 2 Whether the refusal to condone late filing of rescission application was proper

Ratio Decidendi

The default judgment was void ab origine as it was granted by the clerk for an unliquidated claim without proper affidavit evidence, contrary to the rules. The appellant provided a reasonable explanation for the delay and demonstrated a bona fide defence. The magistrate erred in refusing condonation.

Court Disposition

appeal allowed

Orders

  • The magistrate’s refusal of the condonation application is set aside.
  • The condonation application is allowed.