De Sousa v Alexia Properties CC (SA 84 of 2019) [2021] NASC 29 (27 July 2021)

De Sousa v Alexia Properties CC (SA 84 of 2019) [2021] NASC 29 (27 July 2021)

The respondent was not entitled to recover wasted costs for preparing heads of argument after the appeal had lapsed due to appellant's non-compliance, as there was no pending appeal or condonation application before the court, and the conduct of appellant's legal practitioner did not meet the threshold for a costs order de bonis propriis.

Citation
[2021] NASC 29
Parties
Appellant: Judith Veronica Noagus De Sousa; Respondent: Alexia Properties CC
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
27 July 2021
Case Number
SA 84 of 2019
Procedural Posture
Civil Appeal / Application for Costs De Bonis Propriis After Withdrawal of Appeal
Outcome
application for costs de bonis propriis dismissed
Legal Topics
Costs De Bonis Propriis, Withdrawal of Appeal, Condonation and Reinstatement, Professional Conduct
Source Language
English
Civil Procedure Legal Practice Costs De Bonis Propriis Withdrawal of Appeal Condonation and Reinstatement Professional Conduct

Case Brief

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Parties

Judith Veronica Noagus De Sousa

Appellant

Alexia Properties CC

Respondent

Procedural Posture

Civil Appeal / Application for Costs De Bonis Propriis After Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appellant's legal practitioner should be held personally liable for respondent's wasted costs de bonis propriis due to late withdrawal of appeal
  2. 2 Whether respondent's preparation of heads of argument was necessary after appeal lapsed for non-compliance

Ratio Decidendi

The respondent was not entitled to recover wasted costs for preparing heads of argument after the appeal had lapsed due to appellant's non-compliance, as there was no pending appeal or condonation application before the court, and the conduct of appellant's legal practitioner did not meet the threshold for a costs order de bonis propriis.

Court Disposition

application for costs de bonis propriis dismissed

Orders

  • The respondent’s application for costs de bonis propriis against Tjombe-Elago Inc and/or Ms C Kavitjene is dismissed.
  • There is no order as to costs.