Cloete and Others v Beukes and Another (HC-MD-CIV-ACT-CON- 1511 of 2020) [2021] NAHCMD 329 (13 July 2021)

Cloete and Others v Beukes and Another (HC-MD-CIV-ACT-CON- 1511 of 2020) [2021] NAHCMD 329 (13 July 2021)

The application for variation of the pre-trial order was struck from the roll due to the defendants' failure to comply with Rule 32(9) and (10) of the Rules of Court, which require engagement with the opposing party and proper notice of intended amendments.

Citation
[2021] NAHCMD 329
Parties
Plaintiff: Grant Chalmon Cloete and Others; Defendant: Gerald Beukes and Another
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
13 July 2021
Case Number
HC-MD-CIV-ACT-CON- 1511 of 2020
Procedural Posture
Civil Action Contract / Interlocutory Application for Variation of Pre Trial Order
Outcome
Application struck from the roll for non-compliance with procedural rules.
Legal Topics
Pre Trial Orders, Interlocutory Applications, Compliance With Court Rules
Source Language
English
Civil Procedure Pre Trial Orders Interlocutory Applications Compliance With Court Rules

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Parties

Grant Chalmon Cloete and Others

Plaintiff

Gerald Beukes and Another

Defendant

Procedural Posture

Civil Action Contract / Interlocutory Application for Variation of Pre Trial Order

Legal Issues

  1. 1 Whether the application for variation of the pre-trial order complied with Rule 32(9) and (10) of the Rules of Court
  2. 2 Whether the defendants followed proper procedure for amending a pre-trial order

Ratio Decidendi

The application for variation of the pre-trial order was struck from the roll due to the defendants' failure to comply with Rule 32(9) and (10) of the Rules of Court, which require engagement with the opposing party and proper notice of intended amendments.

Court Disposition

Application struck from the roll for non-compliance with procedural rules.

Orders

  • The application for variation of the pre-trial order dated 13 April 2021 is struck from the roll for failure to comply with Rule 32(9) and (10).
  • The defendants are ordered to pay the costs limited in terms of Rule 32(11).