Namibia Power Corporation (Pty) Ltd v Nantinda (1) (75 of 2009) [2011] NALC 7 (4 March 2011)

Namibia Power Corporation (Pty) Ltd v Nantinda (1) (75 of 2009) [2011] NALC 7 (4 March 2011)

There was no evidence that the appellant acted frivolously or vexatiously, and the respondent did not disclose the lapse earlier as required by the rules; therefore, no costs order is justified.

Citation
[2011] NALC 7
Parties
Appellant: Namibia Power Corporation (Pty) Ltd; Respondent: Gerald Nantinda
Court
Labour Court
Jurisdiction
Namibia
Judgment Date
4 March 2011
Case Number
75 of 2009
Procedural Posture
Labour Appeal / Ruling on Removal From Roll and Costs
Outcome
Appeal removed from the roll; no order as to costs.
Legal Topics
Appeal Lapse, Costs, Frivolous and Vexatious Litigation
Source Language
English
Labour Law Appeal Lapse Costs Frivolous and Vexatious Litigation

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Namibia Power Corporation (Pty) Ltd

Appellant

Gerald Nantinda

Respondent

Procedural Posture

Labour Appeal / Ruling on Removal From Roll and Costs

Legal Issues

  1. 1 Whether the appeal should be removed from the roll due to lapse
  2. 2 Whether costs should be awarded for frivolous or vexatious conduct

Ratio Decidendi

There was no evidence that the appellant acted frivolously or vexatiously, and the respondent did not disclose the lapse earlier as required by the rules; therefore, no costs order is justified.

Court Disposition

Appeal removed from the roll; no order as to costs.

Orders

  • The matter is removed from the roll.
  • No order as to costs.