Independent Asphalt Services Namibia CC v Namibia Construction (Pty) Ltd (128 of 2012) [2014] NAHCMD 329 (6 November 2014)

The proposed amendment does not disclose a cause of action because the plaintiff did not supply bitumen but claims payment for asphalt including bitumen, thus the amendment is excipiable and would cause irreparable prejudice to the defendant if allowed.

Citation: [2014] NAHCMD 329
Parties: Plaintiff: Independent Asphalt Services Namibia CC; Defendant: Namibia Construction (Pty) Ltd
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 6 November 2014
Case Number: 128 of 2012
Procedural Posture: Civil / Application for Amendment of Particulars of Claim
Outcome: Application dismissed with costs
Legal Topics: Amendment of Pleadings, Cause of Action, Excipiability, Prejudice to Defendant
Source Language: English

Civil Procedure Amendment of Pleadings Cause of Action Excipiability Prejudice to Defendant

Case Brief

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Parties

Independent Asphalt Services Namibia CC

Plaintiff

Namibia Construction (Pty) Ltd

Defendant

Procedural Posture

Civil / Application for Amendment of Particulars of Claim

Legal Issues

1 Whether the proposed amendment to the particulars of claim discloses a cause of action
2 Whether allowing the amendment would cause irreparable prejudice to the defendant

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

The application is dismissed with costs; such costs include the costs of one instructing counsel and two instructed counsel.