Smith v Schiefer (HC-MD-CIV-ACT-DEL- 4887 of 2020) [2022] NAHCMD 638 (22 November 2022)

Smith v Schiefer (HC-MD-CIV-ACT-DEL- 4887 of 2020) [2022] NAHCMD 638 (22 November 2022)

The application to amend the pre-trial order was dismissed because the defendant failed to attach the photo plan or provide confirmatory affidavits from relevant persons, resulting in unsupported and hearsay allegations. The court was not satisfied that the requirements for amendment were met, and the plaintiff would be prejudiced by the late introduction of evidence.

Citation
[2022] NAHCMD 638
Parties
Plaintiff: Jaco Smith; Defendant: Leon Schiefer
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
22 November 2022
Case Number
HC-MD-CIV-ACT-DEL- 4887 of 2020
Procedural Posture
Civil Delictual Action / Ruling on Application to Amend Pre Trial Order
Outcome
application dismissed with costs
Legal Topics
Amendment of Pre Trial Order, Admissibility of Evidence, Prejudice in Amendment Applications
Source Language
English
Civil Procedure Delict Amendment of Pre Trial Order Admissibility of Evidence Prejudice in Amendment Applications

Case Brief

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Parties

Jaco Smith

Plaintiff

Leon Schiefer

Defendant

Procedural Posture

Civil Delictual Action / Ruling on Application to Amend Pre Trial Order

Legal Issues

  1. 1 Whether the defendant should be granted leave to amend the pre-trial order to call additional witnesses and introduce a photo plan
  2. 2 Whether the application was properly brought under the applicable rules
  3. 3 Whether the defendant's failure to attach the photo plan or provide supporting affidavits is fatal to the application

Ratio Decidendi

The application to amend the pre-trial order was dismissed because the defendant failed to attach the photo plan or provide confirmatory affidavits from relevant persons, resulting in unsupported and hearsay allegations. The court was not satisfied that the requirements for amendment were met, and the plaintiff would be prejudiced by the late introduction of evidence.

Court Disposition

application dismissed with costs

Orders

  • The application to amend the pre-trial order is dismissed with costs, such costs to be capped in terms of rule 32(11)