Indigo Sky Gems (Prop) Ltd v Johnston (APPEAL 204 of 1998) [1998] NAHC 11 (10 September 1998)

Applicant is entitled to costs as respondent's failure to tender costs after returning the vehicle was vexatious, justifying attorney and client scale costs for expenses incurred after notice of set down.

Citation: [1998] NAHC 11
Parties: Applicant: Indigo Sky Gems (Prop) Ltd; Respondent: Christopher Lyn Johnston
Court: High Court
Jurisdiction: Namibia
Judgment Date: 10 September 1998
Case Number: APPEAL 204 of 1998
Procedural Posture: Civil Application / Judgment
Outcome: Applicant awarded costs; respondent to pay costs incurred after notice of set down on attorney and client scale.
Legal Topics: Costs, Vexatious Proceedings, Attorney and Client Scale
Source Language: English

Civil Procedure Costs Vexatious Proceedings Attorney and Client Scale

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Indigo Sky Gems (Prop) Ltd

Applicant

Christopher Lyn Johnston

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

1 Whether the applicant is entitled to costs after the respondent returned the vehicle without tendering costs
2 Whether costs should be awarded on the attorney and client scale

Ratio Decidendi

Court Disposition

Applicant awarded costs; respondent to pay costs incurred after notice of set down on attorney and client scale.

Orders

Respondent to pay applicant's costs of the application.
Costs incurred after service of notice of set down to be paid on attorney and client scale.