Christian t/a Hope Financial Services and Others v LorentzAngula Inc and Others (2) (244 of 2007) [2012] NAHC 85 (22 March 2012)

Christian t/a Hope Financial Services and Others v LorentzAngula Inc and Others (2) (244 of 2007) [2012] NAHC 85 (22 March 2012)

The 15 April 2011 order is a final order as it is definitive of the rights in dispute and thus appealable as of right; the application for leave to appeal is unnecessary and must be dismissed.

Citation
[2012] NAHC 85
Parties
Applicant: Hendrik Christian t/a Hope Financial Services; Applicant: Hewat Samuel Beukes; Applicant: August Maletzky; Respondent: LorentzAngula Inc.; Respondent: Samuel Ruben Philander; Respondent: Adolf Denk; Respondent: Lily Brandt; Respondent: Namibia Financial Institutions Supervisory Authority; Respondent: Frans Johan Jansen van Rensburg; Respondent: Law Society of Namibia; Respondent: Disciplinary Committee; Respondent: Anti-Corruption Commission
Court
High Court
Jurisdiction
Namibia
Judgment Date
22 March 2012
Case Number
244 of 2007
Procedural Posture
Application for Leave to Appeal / Ruling on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Final Vs Interlocutory Orders, Leave to Appeal, Costs
Source Language
English

Case Brief

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Parties

Hendrik Christian t/a Hope Financial Services

Applicant

Hewat Samuel Beukes

Applicant

August Maletzky

Applicant

LorentzAngula Inc.

Respondent

Samuel Ruben Philander

Respondent

Adolf Denk

Respondent

Lily Brandt

Respondent

Namibia Financial Institutions Supervisory Authority

Respondent

Frans Johan Jansen van Rensburg

Respondent

Law Society of Namibia

Respondent

Disciplinary Committee

Respondent

Anti-Corruption Commission

Respondent

Procedural Posture

Application for Leave to Appeal / Ruling on Application for Leave to Appeal

  1. 1 Whether the 15 April 2011 order is final or interlocutory
  2. 2 Whether leave to appeal is required under s. 18(3) of Act No. 16 of 1990
  3. 3 Appropriate order as to costs

Ratio Decidendi

The 15 April 2011 order is a final order as it is definitive of the rights in dispute and thus appealable as of right; the application for leave to appeal is unnecessary and must be dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal is dismissed.
  • Applicants to pay costs jointly and severally on the scale as between party and party.