Bellwinkel and Another v Van Niekerk and Another [2020] NAHCMD 203 (1 June 2020)

Bellwinkel and Another v Van Niekerk and Another [2020] NAHCMD 203 (1 June 2020)

The court found that the plaintiffs made a mistake in their pleadings by omitting normal interest, but limited the amendment to substituting the correct amount, disallowing any further amendments, and ordered each party to bear its own costs due to the partial success of both sides.

Citation
[2020] NAHCMD 203
Parties
Plaintiff: Kurt Bellwinkel and Another; Defendant: David Van Niekerk and Another
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
1 June 2020
Procedural Posture
Civil Action Contract / Interlocutory Application for Amendment of Pleadings
Outcome
partially successful
Legal Topics
Amendment of Pleadings, Rectification of Claim, Costs of Interlocutory Applications
Source Language
English
Civil Procedure Contract Law Amendment of Pleadings Rectification of Claim Costs of Interlocutory Applications

Case Brief

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Parties

Kurt Bellwinkel and Another

Plaintiff

David Van Niekerk and Another

Defendant

Procedural Posture

Civil Action Contract / Interlocutory Application for Amendment of Pleadings

Legal Issues

  1. 1 Whether the plaintiffs should be allowed to amend their particulars of claim to correct an error in the claimed amount after close of pleadings and pre-trial order
  2. 2 Whether the amendment constitutes a mere rectification or introduces new relief

Ratio Decidendi

The court found that the plaintiffs made a mistake in their pleadings by omitting normal interest, but limited the amendment to substituting the correct amount, disallowing any further amendments, and ordered each party to bear its own costs due to the partial success of both sides.

Court Disposition

partially successful

Orders

  • The amount in paragraph 11 of the particulars of claim and prayer 1 is substituted with N$4,401,889.38.
  • No other amendments to the particulars of claim or pre-trial order are allowed.