Hafeni's Liquor Den v Namibia Sorghum Beer Distributors (1) (APPEAL 21 of 1996) [1995] NAHC 3 (9 June 1995)

Hafeni's Liquor Den v Namibia Sorghum Beer Distributors (1) (APPEAL 21 of 1996) [1995] NAHC 3 (9 June 1995)

The applicant failed to show good cause for the delay in bringing the application for rescission, as the delay was excessive and largely attributable to the applicant and his attorneys. The respondent was entitled to assume the judgment was final, and rescinding it would be prejudicial and contrary to the public interest in finality of court orders.

Citation
[1995] NAHC 3
Parties
Applicant: Hafeni's Liquor Den; Respondent: Namibia Sorghum Beer Distributors (Pty) Ltd
Court
High Court
Jurisdiction
Namibia
Judgment Date
9 June 1995
Case Number
APPEAL 21 of 1996
Procedural Posture
Application / Ruling on Application for Condonation and Rescission of Default Judgment
Outcome
application dismissed
Legal Topics
Rescission of Judgment, Condonation, Default Judgment, Service of Process
Source Language
English
Civil Procedure Rescission of Judgment Condonation Default Judgment Service of Process

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Parties

Hafeni's Liquor Den

Applicant

Namibia Sorghum Beer Distributors (Pty) Ltd

Respondent

Procedural Posture

Application / Ruling on Application for Condonation and Rescission of Default Judgment

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of late filing for rescission of default judgment
  2. 2 Whether the applicant's delay in bringing the application is excusable

Ratio Decidendi

The applicant failed to show good cause for the delay in bringing the application for rescission, as the delay was excessive and largely attributable to the applicant and his attorneys. The respondent was entitled to assume the judgment was final, and rescinding it would be prejudicial and contrary to the public interest in finality of court orders.

Court Disposition

application dismissed

Orders

  • The application for condonation of applicant's failure to comply with rule 31(2)(b) is dismissed with costs.
  • A copy of the judgment and application to be forwarded to the Law Society to investigate the conduct of Mr D Conradie, Mr Akwenya, and Mr Theron.