Naanda v Edward (2097 of 2014) [2015] NAHCMD 239 (10 August 2015)

Naanda v Edward (2097 of 2014) [2015] NAHCMD 239 (10 August 2015)

Exceptions cannot be taken against the relief sought in pleadings as defendants are not required to plead to the relief; however, paragraph 24 is excipiable as it does not disclose a cause of action since intention to pay does not affect contract validity.

Citation
[2015] NAHCMD 239
Parties
First Plaintiff: Raimo Ndapewa Naanda; Second Plaintiff: Irma Ndatega Naanda; First Defendant: Albinus Indila Edward; Second Defendant: Bertha Inodhimbwandje Kadhila; Third Defendant: Suama Ndataamba Kapolo; Fourth Defendant: Human Capital Fishing Company CC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
10 August 2015
Case Number
2097 of 2014
Procedural Posture
Civil / Ruling on Exception to Particulars of Claim
Outcome
Partial dismissal and partial upholding of exception
Legal Topics
Exception to Pleadings, Cause of Action, Relief Sought, Contract Validity
Source Language
English
Civil Procedure Exception to Pleadings Cause of Action Relief Sought Contract Validity

Case Brief

Summary, issues, holding and outcome

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Parties

Raimo Ndapewa Naanda

First Plaintiff

Irma Ndatega Naanda

Second Plaintiff

Albinus Indila Edward

First Defendant

Bertha Inodhimbwandje Kadhila

Second Defendant

Suama Ndataamba Kapolo

Third Defendant

Human Capital Fishing Company CC

Fourth Defendant

Procedural Posture

Civil / Ruling on Exception to Particulars of Claim

Legal Issues

  1. 1 Whether exception can be taken against the relief sought in pleadings
  2. 2 Whether paragraph 24 of the particulars of claim discloses a cause of action

Ratio Decidendi

Exceptions cannot be taken against the relief sought in pleadings as defendants are not required to plead to the relief; however, paragraph 24 is excipiable as it does not disclose a cause of action since intention to pay does not affect contract validity.

Court Disposition

Partial dismissal and partial upholding of exception

Orders

  • Defendants’ exception to paragraphs 6, 7, 8 and 9 (under Claim 3) is dismissed.
  • Defendants’ exception to paragraph 24 (under Claim 3) is upheld; plaintiffs granted leave to amend by 20 October 2015.