Murray & Roberts Namibia Ltd v Roadstone Quarries CC (4358 of 2009) [2011] NAHC 321 (26 October 2011)

Murray & Roberts Namibia Ltd v Roadstone Quarries CC (4358 of 2009) [2011] NAHC 321 (26 October 2011)

The proposed amendment does not render the plea excipiable as it sufficiently clarifies the defendant's case and meets the requirements for pleading repudiation. Any further detail can be sought through further particulars. The amendment is allowed.

Citation
[2011] NAHC 321
Parties
Plaintiff: Murray & Roberts Namibia Limited; Defendant: Roadstone Quarries CC
Court
High Court
Jurisdiction
Namibia
Judgment Date
26 October 2011
Case Number
4358 of 2009
Procedural Posture
Civil / Ruling on Application to Amend Plea
Outcome
Application to amend plea granted with costs
Legal Topics
Pleadings, Amendment of Pleadings, Excipiability, Repudiation of Contract
Source Language
English
Civil Procedure Pleadings Amendment of Pleadings Excipiability Repudiation of Contract

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Parties

Murray & Roberts Namibia Limited

Plaintiff

Roadstone Quarries CC

Defendant

Procedural Posture

Civil / Ruling on Application to Amend Plea

Legal Issues

  1. 1 Whether the proposed amendment to the defendant's plea renders the plea excipiable for vagueness or embarrassment
  2. 2 Whether the amendment properly pleads repudiation and acceptance under contract law

Ratio Decidendi

The proposed amendment does not render the plea excipiable as it sufficiently clarifies the defendant's case and meets the requirements for pleading repudiation. Any further detail can be sought through further particulars. The amendment is allowed.

Court Disposition

Application to amend plea granted with costs

Orders

  • The application to amend the plea is granted.
  • Costs awarded to the defendant, including costs of one instructing and one instructed counsel.