Lubbe's Auto Centre CC v Druppel Investments CC Lubbe's Auto Centre CC v Grout Investemnts CC (17 of 2019) [2012] NAHC 130 (30 May 2012)

Lubbe's Auto Centre CC v Druppel Investments CC Lubbe's Auto Centre CC v Grout Investemnts CC (17 of 2019) [2012] NAHC 130 (30 May 2012)

The respondents provided a reasonable explanation for their default, acted expeditiously upon learning of the default judgment, and demonstrated a bona fide defence with prospects of success; therefore, sufficient cause for rescission under the common law was established.

Citation
[2012] NAHC 130
Parties
Applicant: Lubbe’s Auto Centre CC; Respondent: Druppel Investments CC; Respondent: Grout Investments CC
Court
High Court
Jurisdiction
Namibia
Judgment Date
30 May 2012
Case Number
17 of 2019
Procedural Posture
Application for Rescission of Judgment / Ruling on Application for Rescission of Default Judgment
Outcome
applications for rescission granted
Legal Topics
Rescission of Judgment, Default Judgment, Common Law Rescission, Agency Law
Source Language
English
Civil Procedure Rescission of Judgment Default Judgment Common Law Rescission Agency Law

Case Brief

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Parties

Lubbe’s Auto Centre CC

Applicant

Druppel Investments CC

Respondent

Grout Investments CC

Respondent

Procedural Posture

Application for Rescission of Judgment / Ruling on Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the respondents have shown sufficient cause for rescission of default judgment under common law
  2. 2 Whether the respondents have a bona fide defence with prospects of success
  3. 3 Whether the application for rescission was properly brought under the common law

Ratio Decidendi

The respondents provided a reasonable explanation for their default, acted expeditiously upon learning of the default judgment, and demonstrated a bona fide defence with prospects of success; therefore, sufficient cause for rescission under the common law was established.

Court Disposition

applications for rescission granted

Orders

  • Default judgments granted on 25 February 2011 in both cases are set aside.
  • Respondents to file notice of opposition within 10 days from the date of the ruling.