Roos v Scoin Trading (Pty) LTD (HC-MD-CIV-ACT-CON 1862 of 2017) [2019] NAHCMD 125 (9 April 2019)

Roos v Scoin Trading (Pty) LTD (HC-MD-CIV-ACT-CON 1862 of 2017) [2019] NAHCMD 125 (9 April 2019)

The notice of motion was a nullity as it was issued by a person not enrolled or authorised to practice as a legal practitioner in Namibia, and this defect was not cured by the signature of a Namibian legal practitioner. The point in limine was upheld and the matter was struck from the roll with costs.

Citation
[2019] NAHCMD 125
Parties
Applicant: Heinrich Jacob Roos; Respondent: Scoin Trading (Pty) Ltd
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
9 April 2019
Case Number
HC-MD-CIV-ACT-CON 1862 of 2017
Procedural Posture
Rescission of Judgment Application / Preliminary Objection (point in Limine)
Outcome
Matter struck from the roll with costs
Legal Topics
Rescission of Judgment, Authority of Legal Practitioners, Nullity of Process
Source Language
English
Civil Procedure Rescission of Judgment Authority of Legal Practitioners Nullity of Process

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Parties

Heinrich Jacob Roos

Applicant

Scoin Trading (Pty) Ltd

Respondent

Procedural Posture

Rescission of Judgment Application / Preliminary Objection (point in Limine)

Legal Issues

  1. 1 Whether the notice of motion was validly issued by an authorised legal practitioner under Namibian law
  2. 2 Whether the defect in the notice of motion could be cured by the signature of a Namibian legal practitioner

Ratio Decidendi

The notice of motion was a nullity as it was issued by a person not enrolled or authorised to practice as a legal practitioner in Namibia, and this defect was not cured by the signature of a Namibian legal practitioner. The point in limine was upheld and the matter was struck from the roll with costs.

Court Disposition

Matter struck from the roll with costs

Orders

  • The matter is struck from the roll with costs.