Christian v Namibia Financial Institutions Supervisory Authority (3) (APPEAL 244 of 2010) [2018] NAHCMD 288 (14 September 2018)

Christian v Namibia Financial Institutions Supervisory Authority (3) (APPEAL 244 of 2010) [2018] NAHCMD 288 (14 September 2018)

The applicant's application was an irregular step because he failed to comply with a prior court order requiring leave to institute proceedings. The court is functus officio and cannot revisit its own final judgment. The applicant's conduct warranted punitive costs.

Citation
[2018] NAHCMD 288
Parties
Applicant: Hendrik Christian; Respondent: Namibia Financial Institutions Supervisory Authority
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
14 September 2018
Case Number
APPEAL 244 of 2010
Procedural Posture
Civil Application / Ruling on Application for Irregular Proceedings Under Rule 61
Outcome
Application dismissed as irregular; costs awarded against applicant on attorney and client scale; matter finalised.
Legal Topics
Irregular Proceedings, Locus Standi, Court Orders, Costs
Source Language
English
Civil Procedure Irregular Proceedings Locus Standi Court Orders Costs

Case Brief

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Parties

Hendrik Christian

Applicant

Namibia Financial Institutions Supervisory Authority

Respondent

Procedural Posture

Civil Application / Ruling on Application for Irregular Proceedings Under Rule 61

Legal Issues

  1. 1 Whether the applicant's application is an irregular proceeding under Rule 61
  2. 2 Whether the applicant had locus standi to bring the application in light of a prior court order
  3. 3 Whether the court can revisit its own final judgment

Ratio Decidendi

The applicant's application was an irregular step because he failed to comply with a prior court order requiring leave to institute proceedings. The court is functus officio and cannot revisit its own final judgment. The applicant's conduct warranted punitive costs.

Court Disposition

Application dismissed as irregular; costs awarded against applicant on attorney and client scale; matter finalised.

Orders

  • The applicant’s application dated 25 November 2015 is declared an irregular step and struck from the roll.
  • The applicant is ordered to pay the costs of this application on the scale between attorney and client.