Hafeni's Liquor Den v Namibia Sorghum Beer Distributors (2) (APPEAL 21 of 1996) [1996] NAHC 48 (24 May 1996)

Hafeni's Liquor Den v Namibia Sorghum Beer Distributors (2) (APPEAL 21 of 1996) [1996] NAHC 48 (24 May 1996)

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
[1996] NAHC 48
Parties
Applicant: Hafeni's Liquor Den; Respondent: Namibia Sorghum Beer Distributors (Pty) Ltd
Court
High Court
Jurisdiction
Namibia
Judgment Date
24 May 1996
Case Number
APPEAL 21 of 1996
Procedural Posture
Application / Ruling on Condonation for Late Filing of Rescission Application
Outcome
application for condonation dismissed with costs
Legal Topics
Rescission of Judgment, Condonation, Default Judgment
Source Language
English
Civil Procedure Rescission of Judgment Condonation Default Judgment

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Parties

Hafeni's Liquor Den

Applicant

Namibia Sorghum Beer Distributors (Pty) Ltd

Respondent

Procedural Posture

Application / Ruling on Condonation for Late Filing of Rescission Application

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of late filing of application for rescission of default judgment under Rule 31(2)(b)

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 for condonation dismissed with costs

Orders

  • 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.