Namibia Star CC and Others v Bank Windhoek and Others (HC-MD-CIV-MOT-GEN 217 of 2020) [2021] NAHCMD 331 (16 July 2021)

Namibia Star CC and Others v Bank Windhoek and Others (HC-MD-CIV-MOT-GEN 217 of 2020) [2021] NAHCMD 331 (16 July 2021)

The orders of 13 February 2020 were granted erroneously and in the absence of the applicants, who were not properly served or represented; Mr Mbutu had locus standi as a member and shareholder; thus, rescission under Rule 103(1)(a) is warranted.

Citation
[2021] NAHCMD 331
Parties
Applicant: Namibia Star CC; Applicant: Panorama Butchery CC; Applicant: Panorama Food Centre CC; Applicant: Nathan Pieter Mbutu; Applicant: Madeline Mbutu; Respondent: Bank Windhoek Limited; Respondent: Master of the High Court; Respondent: Bruni & McLaren N.O.
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
16 July 2021
Case Number
HC-MD-CIV-MOT-GEN 217 of 2020
Procedural Posture
Rescission Application (motion) / Judgment After Hearing on Merits and Condonation
Outcome
Application for rescission granted; condonation for late filing granted; each party to bear its own costs; matter removed from the roll and finalised.
Legal Topics
Rescission of Judgment, Locus Standi, Liquidation Proceedings, Condonation of Late Filing
Source Language
English
Civil Procedure Company Law Insolvency Rescission of Judgment Locus Standi Liquidation Proceedings Condonation of Late Filing

Case Brief

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Parties

Namibia Star CC

Applicant

Panorama Butchery CC

Applicant

Panorama Food Centre CC

Applicant

Nathan Pieter Mbutu

Applicant

Madeline Mbutu

Applicant

Bank Windhoek Limited

Respondent

Master of the High Court

Respondent

Bruni & McLaren N.O.

Respondent

Procedural Posture

Rescission Application (motion) / Judgment After Hearing on Merits and Condonation

Legal Issues

  1. 1 Whether the applicants have locus standi to bring the rescission application
  2. 2 Whether the court orders of 13 February 2020 were erroneously granted in the absence of the applicants
  3. 3 Whether condonation for late filing of heads of argument should be granted

Ratio Decidendi

The orders of 13 February 2020 were granted erroneously and in the absence of the applicants, who were not properly served or represented; Mr Mbutu had locus standi as a member and shareholder; thus, rescission under Rule 103(1)(a) is warranted.

Court Disposition

Application for rescission granted; condonation for late filing granted; each party to bear its own costs; matter removed from the roll and finalised.

Orders

  • Condonation of applicants' late filing of heads of argument.
  • Rescission of court orders granted against applicants under case numbers HC-MD-CIV-MOT-GEN-2019/00193, HC-MD-CIV-MOT-GEN-2019/00194, and HC-MD-CIV-MOT-GEN-2019/00196 on 13 February 2020.