Alexander v Immigration Selection Board (APPEAL 155 of 2009) [2011] NAHC 9 (27 January 2011)

Alexander v Immigration Selection Board (APPEAL 155 of 2009) [2011] NAHC 9 (27 January 2011)

The order dismissing the applicant's application for disclosure of a legal opinion is not appealable as it lacks the attributes of finality, definitiveness of rights, and disposal of a substantial portion of the relief claimed. Leave to appeal is therefore refused.

Citation
[2011] NAHC 9
Parties
Applicant: Jacob Alexander; Respondent: Immigration Selection Board
Court
High Court
Jurisdiction
Namibia
Judgment Date
27 January 2011
Case Number
APPEAL 155 of 2009
Procedural Posture
Application for Leave to Appeal / Ruling on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
Appealability of Interlocutory Orders, Legal Professional Privilege, Discovery of Documents
Source Language
English
Civil Procedure Appealability of Interlocutory Orders Legal Professional Privilege Discovery of Documents

Case Brief

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Parties

Jacob Alexander

Applicant

Immigration Selection Board

Respondent

Procedural Posture

Application for Leave to Appeal / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the interlocutory order dismissing the application for disclosure of a legal opinion is appealable
  2. 2 Whether the order meets the attributes of an appealable judgment or order under section 18 of the High Court Act 16 of 1990
  3. 3 Whether leave to appeal should be granted in the interests of justice

Ratio Decidendi

The order dismissing the applicant's application for disclosure of a legal opinion is not appealable as it lacks the attributes of finality, definitiveness of rights, and disposal of a substantial portion of the relief claimed. Leave to appeal is therefore refused.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • The application for leave to appeal is dismissed with costs.
  • Costs to include one instructing and one instructed counsel.