Smith v Engelbrecht (HC-MD-CIV-ACT-DEL- 126 of 2020) [2022] NAHCMD 353 (18 July 2022)

Smith v Engelbrecht (HC-MD-CIV-ACT-DEL- 126 of 2020) [2022] NAHCMD 353 (18 July 2022)

The court found that the plaintiff provided a reasonable and satisfactory explanation for the proposed amendments, and any prejudice to the defendant could be cured by a suitable costs order. The application to amend was therefore granted, with costs to the plaintiff.

Citation
[2022] NAHCMD 353
Parties
Plaintiff: Marcia Welma Berolnize Smith; Defendant: Johan Engelbrecht
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
18 July 2022
Case Number
HC-MD-CIV-ACT-DEL- 126 of 2020
Procedural Posture
Civil (delict Motor Vehicle Accident) / Ruling on Application to Amend Particulars of Claim
Outcome
Application to amend particulars of claim granted
Legal Topics
Amendment of Pleadings, Motor Vehicle Accident, Damages, Costs
Source Language
English
Civil Procedure Delict Amendment of Pleadings Motor Vehicle Accident Damages Costs

Case Brief

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Parties

Marcia Welma Berolnize Smith

Plaintiff

Johan Engelbrecht

Defendant

Procedural Posture

Civil (delict Motor Vehicle Accident) / Ruling on Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend the particulars of claim
  2. 2 Whether the defendant would suffer prejudice by the amendment

Ratio Decidendi

The court found that the plaintiff provided a reasonable and satisfactory explanation for the proposed amendments, and any prejudice to the defendant could be cured by a suitable costs order. The application to amend was therefore granted, with costs to the plaintiff.

Court Disposition

Application to amend particulars of claim granted

Orders

  • The application to amend the particulars of claim as prayed for is granted.
  • The plaintiff is to pay the costs associated with this application as well as the wasted costs associated with obtaining additional expert reports by the defendant.