Hambata v Schwartz (56 of 2016) [2017] NAHCMD 223 (7 August 2017)

Hambata v Schwartz (56 of 2016) [2017] NAHCMD 223 (7 August 2017)

The plaintiff failed to provide a satisfactory explanation for the late application to amend pleadings and did not apply for condonation for non-compliance with the case management order regarding expert summaries. The court found no good grounds for the amendment or for allowing late filing of the expert report/summary.

Citation
[2017] NAHCMD 223
Parties
Plaintiff: Jona Hambata; 1st Defendant: Charlene Schwartz
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
7 August 2017
Case Number
56 of 2016
Procedural Posture
Civil / Ruling on Interlocutory Applications (leave to Amend Pleadings and File Expert Report/summary)
Outcome
Applications refused
Legal Topics
Amendment of Pleadings, Expert Evidence, Case Management, Condonation for Non Compliance
Source Language
English
Civil Procedure Amendment of Pleadings Expert Evidence Case Management Condonation for Non Compliance

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jona Hambata

Plaintiff

Charlene Schwartz

1st Defendant

Procedural Posture

Civil / Ruling on Interlocutory Applications (leave to Amend Pleadings and File Expert Report/summary)

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend pleadings at the commencement of trial
  2. 2 Whether the plaintiff should be granted leave to file an expert report/summary out of time

Ratio Decidendi

The plaintiff failed to provide a satisfactory explanation for the late application to amend pleadings and did not apply for condonation for non-compliance with the case management order regarding expert summaries. The court found no good grounds for the amendment or for allowing late filing of the expert report/summary.

Court Disposition

Applications refused

Orders

  • Application for leave to amend pleadings is refused
  • Application for leave to file expert report/summary is refused