Diebold v SP Namib Constructions Close Corporation and Another (Reasons for Orders) (HC-MD-CIV-ACT-CON 2365 of 2018) [2019] NAHCMD 114 (17 April 2019)

The plaintiff failed to prosecute the claim diligently, did not adhere to Rule 19 requirements, filed documents late without explanation or request for condonation, and failed to make out a case or show good cause in the founding affidavit.

Citation: [2019] NAHCMD 114
Parties: Plaintiff: Hans Christian Diebold; Defendant: SP Namib Constructions CC
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 17 April 2019
Case Number: HC-MD-CIV-ACT-CON 2365 of 2018
Procedural Posture: Civil / Interlocutory (condonation Application)
Outcome: Condonation application dismissed with costs; particulars of claim struck; matter postponed for status hearing.
Legal Topics: Condonation, Striking Out Pleadings, Costs
Source Language: English

Civil Procedure Condonation Striking Out Pleadings Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Hans Christian Diebold

Plaintiff

SP Namib Constructions CC

Defendant

Procedural Posture

Civil / Interlocutory (condonation Application)

Legal Issues

1 Whether the plaintiff's condonation application should be granted
2 Whether the plaintiff's particulars of claim should be struck out

Ratio Decidendi

Court Disposition

Condonation application dismissed with costs; particulars of claim struck; matter postponed for status hearing.

Orders

The matter is postponed to 20 May 2019 at 14H00 for status hearing.
Plaintiff's condonation application is dismissed with costs.