Akwenye v Amadhila (2) (HC-MD-CIV-ACT-CON 2946 of 2017) [2018] NAHCMD 252 (21 August 2018)

Akwenye v Amadhila (2) (HC-MD-CIV-ACT-CON 2946 of 2017) [2018] NAHCMD 252 (21 August 2018)

The defendant’s Rule 64 notice was not an unconditional tender and only related to alternative claims, not the main relief sought by the plaintiff. The defendant, being barred from pleading, cannot compel the plaintiff to accept a conditional offer. The relief sought by the defendant is incompetent and the plaintiff is granted leave to proceed with the application for default judgment.

Citation
[2018] NAHCMD 252
Parties
Plaintiff: Harold Ndevamona Akwenye; Defendant: Sophia Ndeshipanda Amadhila
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
21 August 2018
Case Number
HC-MD-CIV-ACT-CON 2946 of 2017
Procedural Posture
Civil Action (contract) / Ruling on Application to Compel Acceptance of Settlement Offer Under Rule 64
Outcome
Defendant's application to compel plaintiff to accept tender dismissed; plaintiff granted leave to proceed with default judgment application.
Legal Topics
Default Judgment, Settlement Offers, Specific Performance, Unjust Enrichment, Condonation, Case Management
Source Language
English
Civil Procedure Contract Law Default Judgment Settlement Offers Specific Performance Unjust Enrichment Condonation Case Management

Case Brief

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Parties

Harold Ndevamona Akwenye

Plaintiff

Sophia Ndeshipanda Amadhila

Defendant

Procedural Posture

Civil Action (contract) / Ruling on Application to Compel Acceptance of Settlement Offer Under Rule 64

Legal Issues

  1. 1 Whether the defendant's Rule 64 offer/tender compels the plaintiff to accept settlement
  2. 2 Whether the defendant's tender satisfies the requirements of Rule 64
  3. 3 Whether the defendant, being barred from pleading, can seek to compel acceptance of a conditional offer

Ratio Decidendi

The defendant’s Rule 64 notice was not an unconditional tender and only related to alternative claims, not the main relief sought by the plaintiff. The defendant, being barred from pleading, cannot compel the plaintiff to accept a conditional offer. The relief sought by the defendant is incompetent and the plaintiff is granted leave to proceed with the application for default judgment.

Court Disposition

Defendant's application to compel plaintiff to accept tender dismissed; plaintiff granted leave to proceed with default judgment application.

Orders

  • The relief sought by the defendant to compel the plaintiff to accept her tender in terms of Rule 64 is incompetent.
  • Leave is granted to the plaintiff to proceed with his application for default judgment.