Ndilula v Beuthin (2099 of 2015) [2018] NAHCMD 73 (28 March 2018)

Ndilula v Beuthin (2099 of 2015) [2018] NAHCMD 73 (28 March 2018)

There are no exceptional circumstances to depart from the general principle that costs follow the event. Where the High Court is seized of a matter within the Magistrates’ court’s jurisdiction, costs must be awarded according to the appropriate court’s scale based on which party succeeded in which claim.

Citation
[2018] NAHCMD 73
Parties
Plaintiff/respondent: Kauna Ndilula; Defendant/applicant: Mariethe Beuthin
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
28 March 2018
Case Number
2099 of 2015
Procedural Posture
Civil / Judgment
Outcome
Claim 1 dismissed; Claim 2 granted; costs awarded according to success and appropriate court scale.
Legal Topics
Jurisdiction, Costs Follow the Event, Exceptional Circumstances, High Court Vs Magistrates’ Court Costs
Source Language
English
Civil Procedure Costs Jurisdiction Costs Follow the Event Exceptional Circumstances High Court Vs Magistrates’ Court Costs

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 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Kauna Ndilula

Plaintiff/respondent

Mariethe Beuthin

Defendant/applicant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether costs should follow the event when both High Court and Magistrates’ court have jurisdiction
  2. 2 Whether exceptional circumstances exist to depart from the general principle on costs

Ratio Decidendi

There are no exceptional circumstances to depart from the general principle that costs follow the event. Where the High Court is seized of a matter within the Magistrates’ court’s jurisdiction, costs must be awarded according to the appropriate court’s scale based on which party succeeded in which claim.

Court Disposition

Claim 1 dismissed; Claim 2 granted; costs awarded according to success and appropriate court scale.

Orders

  • Claim 1 is dismissed.
  • Claim 2 is granted.