Ohorongo Cement (Pty) Ltd v Erasmus (HC-MD-CIV-MOT-GEN 257 of 2021) [2022] NAHCMD 222 (29 April 2022)

Ohorongo Cement (Pty) Ltd v Erasmus (HC-MD-CIV-MOT-GEN 257 of 2021) [2022] NAHCMD 222 (29 April 2022)

The respondent's dishonest and misleading conduct in his answering affidavit, including false statements and failure to disclose material facts, justifies an award of costs on an attorney and client scale for part of the proceedings. The balance of costs is awarded on a party and party scale. Referral to the Prosecutor General is declined.

Citation
[2022] NAHCMD 222
Parties
Applicant: Ohorongo Cement (Pty) Ltd; Respondent: Quintus Erasmus
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
29 April 2022
Case Number
HC-MD-CIV-MOT-GEN 257 of 2021
Procedural Posture
Sequestration Application / Costs Ruling After Final Order
Outcome
Costs awarded; matter finalised and removed from the roll.
Legal Topics
Sequestration, Costs, Withdrawal of Opposition, Attorney and Client Costs, Party and Party Costs
Source Language
English
Insolvency Law Civil Procedure Sequestration Costs Withdrawal of Opposition Attorney and Client Costs Party and Party Costs

Case Brief

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Parties

Ohorongo Cement (Pty) Ltd

Applicant

Quintus Erasmus

Respondent

Procedural Posture

Sequestration Application / Costs Ruling After Final Order

Legal Issues

  1. 1 Whether the respondent's conduct warrants costs on an attorney and client scale
  2. 2 Whether the matter should be referred to the Prosecutor General

Ratio Decidendi

The respondent's dishonest and misleading conduct in his answering affidavit, including false statements and failure to disclose material facts, justifies an award of costs on an attorney and client scale for part of the proceedings. The balance of costs is awarded on a party and party scale. Referral to the Prosecutor General is declined.

Court Disposition

Costs awarded; matter finalised and removed from the roll.

Orders

  • Respondent to pay applicant's costs on an attorney and client scale from receipt of answering affidavit to delivery of replying affidavit, including costs of one instructing and one instructed counsel.
  • Balance of costs awarded against respondent on a party and party scale as tendered, including costs of one instructing and one instructed counsel.