Rothe v Asmus and Another (2) (1010 of 1996) [1996] NAHC 73 (2 December 1996)

Rothe v Asmus and Another (2) (1010 of 1996) [1996] NAHC 73 (2 December 1996)

The particulars of claim are excipiable as they do not disclose a cause of action against either defendant, are vague and embarrassing, and fail to provide a sufficient basis for the relief sought, particularly regarding claims against the second defendant and claims for partnership property and disputed items.

Citation
[1996] NAHC 73
Parties
Plaintiff: Hans Heinrich Rothe; First Defendant: Arndt Asmus; Second Defendant: Constance Asmus
Court
High Court
Jurisdiction
Namibia
Judgment Date
2 December 1996
Case Number
1010 of 1996
Procedural Posture
Civil / Ruling on Exception
Outcome
exception upheld
Legal Topics
Exception to Particulars of Claim, Dissolution of Partnership, Liquidation of Partnership Assets
Source Language
English
Civil Procedure Partnership Law Exception to Particulars of Claim Dissolution of Partnership Liquidation of Partnership Assets

Case Brief

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Parties

Hans Heinrich Rothe

Plaintiff

Arndt Asmus

First Defendant

Constance Asmus

Second Defendant

Procedural Posture

Civil / Ruling on Exception

Legal Issues

  1. 1 Whether the particulars of claim disclose a cause of action against the defendants
  2. 2 Whether the claims against the second defendant are excipiable
  3. 3 Whether the claims regarding partnership property and disputed items are sufficiently pleaded

Ratio Decidendi

The particulars of claim are excipiable as they do not disclose a cause of action against either defendant, are vague and embarrassing, and fail to provide a sufficient basis for the relief sought, particularly regarding claims against the second defendant and claims for partnership property and disputed items.

Court Disposition

exception upheld

Orders

  • The exception against the Particulars of Claim of first defendant is upheld with costs.
  • The exception against the Particulars of Claim of second defendant is upheld with costs.