Kandume v Kristiaan t/a Christian Building Construction (HC-NLD-CIV-ACT-CON 193 of 2018) [2020] NAHCNLD 10 (29 January 2020)

Kandume v Kristiaan t/a Christian Building Construction (HC-NLD-CIV-ACT-CON 193 of 2018) [2020] NAHCNLD 10 (29 January 2020)

Applicant failed to provide a reasonable explanation for inaction and delay, and did not satisfy the requirements for rescission of default judgment.

Citation
[2020] NAHCNLD 10
Parties
Applicant: Lucia Kandume; Respondent: David Kristiaan T/A Christian Building Construction
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
29 January 2020
Case Number
HC-NLD-CIV-ACT-CON 193 of 2018
Procedural Posture
Civil Action Contract / Ruling on Application for Rescission of Default Judgment
Outcome
Application for rescission of default judgment dismissed with costs.
Legal Topics
Rescission of Judgment, Default Judgment, Reasonable Explanation for Default
Source Language
English
Civil Procedure Rescission of Judgment Default Judgment Reasonable Explanation for Default

Case Brief

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Parties

Lucia Kandume

Applicant

David Kristiaan T/A Christian Building Construction

Respondent

Procedural Posture

Civil Action Contract / Ruling on Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the applicant provided a reasonable explanation for default
  2. 2 Whether the application for rescission was brought bona fide and within a reasonable time

Ratio Decidendi

Applicant failed to provide a reasonable explanation for inaction and delay, and did not satisfy the requirements for rescission of default judgment.

Court Disposition

Application for rescission of default judgment dismissed with costs.

Orders

  • Application for rescission of default judgment is dismissed.
  • Costs awarded to the respondent.