Bronkhorst v De Villiers Van Zyl v De Villiers (2930 of 2010) [2011] NAHC 319 (24 October 2011)

Bronkhorst v De Villiers Van Zyl v De Villiers (2930 of 2010) [2011] NAHC 319 (24 October 2011)

Filing a notice of exception under Rule 23(1) within the period specified in a notice of bar constitutes compliance with Rule 26 and uplifts the bar, as it is a procedural step that brings the grounds of exception to the attention of the plaintiff and the court, and should not be narrowly distinguished from the exception itself.

Citation
[2011] NAHC 319
Parties
Plaintiff: Jacobus Marthinus Bronkhorst; Plaintiff: Christiaan Marthinus van Zyl; Defendant: Marius de Villiers
Court
High Court
Jurisdiction
Namibia
Judgment Date
24 October 2011
Case Number
2930 of 2010
Procedural Posture
Civil / Application for Default Judgment Following Notice of Bar and Exception Procedure
Outcome
application for default judgment dismissed with costs
Legal Topics
Notice of Bar, Exception Procedure, Pleadings, Interpretation of Court Rules
Source Language
English
Civil Procedure Notice of Bar Exception Procedure Pleadings Interpretation of Court Rules

Case Brief

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Parties

Jacobus Marthinus Bronkhorst

Plaintiff

Christiaan Marthinus van Zyl

Plaintiff

Marius de Villiers

Defendant

Procedural Posture

Civil / Application for Default Judgment Following Notice of Bar and Exception Procedure

Legal Issues

  1. 1 Whether delivery of a notice of exception under Rule 23(1) within the notice of bar period constitutes compliance with Rule 26 and uplifts the bar

Ratio Decidendi

Filing a notice of exception under Rule 23(1) within the period specified in a notice of bar constitutes compliance with Rule 26 and uplifts the bar, as it is a procedural step that brings the grounds of exception to the attention of the plaintiff and the court, and should not be narrowly distinguished from the exception itself.

Court Disposition

application for default judgment dismissed with costs

Orders

  • The application for default judgment is dismissed with costs, such costs to include the costs of one instructing and one instructed counsel.