Olivier v Kaizemi (CA 90 of 2004) [2005] NAHC 23 (13 July 2005)

Olivier v Kaizemi (CA 90 of 2004) [2005] NAHC 23 (13 July 2005)

The dismissal of an exception is not appealable as it is an interlocutory order. The magistrate did not err in considering the notice of amendment, as amendments are permissible at any time and the appellant suffered no prejudice. The appeal is dismissed with costs against the appellant.

Citation
[2005] NAHC 23
Parties
Appellant: Martin Olivier; Respondent: August Kaizemi
Court
High Court
Jurisdiction
Namibia
Judgment Date
13 July 2005
Case Number
CA 90 of 2004
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Exception Procedure, Interlocutory Orders, Appealability of Orders
Source Language
English
Civil Procedure Amendment of Pleadings Exception Procedure Interlocutory Orders Appealability of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Martin Olivier

Appellant

August Kaizemi

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the dismissal of an exception is appealable
  2. 2 Whether the magistrate erred in considering a notice of amendment before the expiry of the objection period
  3. 3 Whether a party may amend pleadings after an exception is set down

Ratio Decidendi

The dismissal of an exception is not appealable as it is an interlocutory order. The magistrate did not err in considering the notice of amendment, as amendments are permissible at any time and the appellant suffered no prejudice. The appeal is dismissed with costs against the appellant.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the respondent's costs incidental to the opposition of the appeal.