Olenga v Spranger (3826 of 2011) [2015] NAHCMD 87 (15 April 2015)

The plaintiff's failure to comply with court management orders directly caused the postponement of hearings and unnecessary costs to the defendant. There is no legal or logical reason why the plaintiff should not bear these costs.

Citation: [2015] NAHCMD 87
Parties: Plaintiff/respondent: General Francois Olenga; Defendant/applicant: Erwin Spranger
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 15 April 2015
Case Number: 3826 of 2011
Procedural Posture: Interlocutory Application / Ruling on Costs Attendant Upon Case Management Hearings
Outcome: Application granted in terms of prayers 2 and 3 of the Notice of Motion dated 15 December 2014.
Legal Topics: Case Management, Wasted Costs, Non Compliance With Court Orders
Source Language: English

Civil Procedure Case Management Wasted Costs Non Compliance With Court Orders

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Parties

General Francois Olenga

Plaintiff/respondent

Erwin Spranger

Defendant/applicant

Procedural Posture

Interlocutory Application / Ruling on Costs Attendant Upon Case Management Hearings

Legal Issues

1 Whether the plaintiff should pay wasted costs for management hearings resulting from non-compliance with court orders

Ratio Decidendi

Court Disposition

Application granted in terms of prayers 2 and 3 of the Notice of Motion dated 15 December 2014.

Orders

Plaintiff to pay the wasted costs of the Case Management Hearings held on 21 May 2013 and 20 June 2013.
Plaintiff to pay the costs of this application.