Christian v Namibia Financial Institutions Supervisory Authority (1) (APPEAL 196 of 2012) [2013] NAHCMD 99 (12 April 2013)

Christian v Namibia Financial Institutions Supervisory Authority (1) (APPEAL 196 of 2012) [2013] NAHCMD 99 (12 April 2013)

The recusal application was struck because the respondent, having an interest, was not served. The main application was struck for failure to file heads of argument or seek condonation, despite the applicant's awareness of the obligation.

Source-derived case information.

Citation
[2013] NAHCMD 99
Parties
Applicant: Hendrik Christian; Respondent: Namibia Financial Institutions Supervisory Authority
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
12 April 2013
Case Number
APPEAL 196 of 2012
Procedural Posture
Application / Ruling on Recusal and Main Application Under Rule 8(2)(b)
Outcome
Application struck from the roll with costs.
Legal Topics
Recusal, Security for Costs, Practice Directives, Service of Process
Source Language
english
Civil Procedure Recusal Security for Costs Practice Directives Service of Process

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Parties

Hendrik Christian

Applicant

Namibia Financial Institutions Supervisory Authority

Respondent

Procedural Posture

Application / Ruling on Recusal and Main Application Under Rule 8(2)(b)

Legal Issues

  1. 1 Whether the recusal application should be entertained despite lack of service on the respondent
  2. 2 Whether the main application under Rule 8(2)(b) should be struck for failure to file heads of argument

Ratio Decidendi

The recusal application was struck because the respondent, having an interest, was not served. The main application was struck for failure to file heads of argument or seek condonation, despite the applicant's awareness of the obligation.

Court Disposition

Application struck from the roll with costs.

Orders

  • Recusal application struck from the roll with costs.
  • Main application under Rule 8(2)(b) struck from the roll with costs.