Kerii Architects & Designers v Nice Consulting Engineers (Pty) Ltd (HC-MD-CIV-ACT-CON- 2257 of 2021) [2022] NAHCMD 515 (29 September 2022)

Kerii Architects & Designers v Nice Consulting Engineers (Pty) Ltd (HC-MD-CIV-ACT-CON- 2257 of 2021) [2022] NAHCMD 515 (29 September 2022)

The defendant failed to provide a reasonable and acceptable explanation for non-compliance with the court order and did not set out sufficient facts to demonstrate prospects of success on the merits. The condonation application was therefore dismissed with costs.

Citation
[2022] NAHCMD 515
Parties
Plaintiff: Kerii Architects & Designers; Defendant: Nice Consulting Engineers (Pty) Ltd
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
29 September 2022
Case Number
HC-MD-CIV-ACT-CON- 2257 of 2021
Procedural Posture
Civil (contract) / Ruling on Condonation Application
Outcome
Defendant's condonation application dismissed with costs.
Legal Topics
Condonation, Non Compliance With Court Orders, Costs, Prospects of Success
Source Language
English
Civil Procedure Contract Law Condonation Non Compliance With Court Orders Costs Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Kerii Architects & Designers

Plaintiff

Nice Consulting Engineers (Pty) Ltd

Defendant

Procedural Posture

Civil (contract) / Ruling on Condonation Application

Legal Issues

  1. 1 Whether the defendant provided a reasonable and acceptable explanation for non-compliance with a court order
  2. 2 Whether the defendant demonstrated reasonable prospects of success on the merits

Ratio Decidendi

The defendant failed to provide a reasonable and acceptable explanation for non-compliance with the court order and did not set out sufficient facts to demonstrate prospects of success on the merits. The condonation application was therefore dismissed with costs.

Court Disposition

Defendant's condonation application dismissed with costs.

Orders

  • The defendant’s application for condonation is dismissed.
  • The defendant is ordered to pay the plaintiff’s costs occasioned by the condonation application. Such costs shall not be subject to the limit imposed by rule 32(11).