Ndalusha v S [2020] NAHCMD 303 (21 July 2020)

Ndalusha v S [2020] NAHCMD 303 (21 July 2020)

The plaintiff failed to establish any irregularity or prejudice regarding the first defendant’s notice of intention to defend, the return in terms of rule 6, or the authority of the first defendant’s legal practitioners. Any procedural irregularity was cured, and the plaintiff’s application was without merit and dismissed with costs.

Citation
[2020] NAHCMD 303
Parties
Plaintiff: Hendrik Christian t/a Hope Financial Services; First Defendant: Namibia Financial Institutions Supervisory Authority; Second Defendant: Another
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
21 July 2020 21 July 2020 2 June 2020
Procedural Posture
Civil / Interlocutory Application (rule 61(1))
Outcome
Application dismissed
Legal Topics
Irregular Proceedings, Notice of Intention to Defend, Authority of Legal Practitioners, Condonation for Late Filing, Costs
Source Language
English
Civil Procedure Irregular Proceedings Notice of Intention to Defend Authority of Legal Practitioners Condonation for Late Filing Costs

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Parties

Hendrik Christian t/a Hope Financial Services

Plaintiff

Namibia Financial Institutions Supervisory Authority

First Defendant

Another

Second Defendant

Procedural Posture

Civil / Interlocutory Application (rule 61(1))

Legal Issues

  1. 1 Whether the notice of intention to defend and accompanying documents constituted irregular or improper steps under Rule 61(1)
  2. 2 Whether the deponent to the first defendant’s answering affidavit was authorised to oppose the application
  3. 3 Whether late filing of the notice of intention to defend and return in terms of rule 6 required condonation

Ratio Decidendi

The plaintiff failed to establish any irregularity or prejudice regarding the first defendant’s notice of intention to defend, the return in terms of rule 6, or the authority of the first defendant’s legal practitioners. Any procedural irregularity was cured, and the plaintiff’s application was without merit and dismissed with costs.

Court Disposition

Application dismissed

Orders

  • Point in limine regarding authority of deponent dismissed
  • Plaintiff’s application in terms of rule 61(1) dismissed