Power-Oyeno Construction (Pty) Ltd v NHE [2020] NAHCMD 404 (10 September 2020)

Power-Oyeno Construction (Pty) Ltd v NHE [2020] NAHCMD 404 (10 September 2020)

The court found that the previous order did not restrict the nature or extent of the amendments as contended by the second defendant. The application for leave to amend was made at an early stage, was not mala fide, and would not cause injustice to the second defendant. Therefore, leave to amend was granted, and the plaintiff was ordered to pay the second defendant's costs, limited by rule 32(11).

Citation
[2020] NAHCMD 404
Parties
Plaintiff: Power-Oyeno Construction (Pty) Ltd; First Defendant: National Housing Enterprises; Second Defendant: Minister of Urban and Rural Development
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
10 September 2020
Procedural Posture
Civil Action Contract / Application for Leave to Amend Particulars of Claim
Outcome
Application for leave to amend granted with costs to the second defendant, limited by rule 32(11).
Legal Topics
Amendment of Pleadings, Costs, Case Management
Source Language
English
Civil Procedure Amendment of Pleadings Costs Case Management

Case Brief

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Parties

Power-Oyeno Construction (Pty) Ltd

Plaintiff

National Housing Enterprises

First Defendant

Minister of Urban and Rural Development

Second Defendant

Procedural Posture

Civil Action Contract / Application for Leave to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend its particulars of claim
  2. 2 Whether the proposed amendments are bona fide and not prejudicial
  3. 3 Whether the plaintiff should pay costs occasioned by the application

Ratio Decidendi

The court found that the previous order did not restrict the nature or extent of the amendments as contended by the second defendant. The application for leave to amend was made at an early stage, was not mala fide, and would not cause injustice to the second defendant. Therefore, leave to amend was granted, and the plaintiff was ordered to pay the second defendant's costs, limited by rule 32(11).

Court Disposition

Application for leave to amend granted with costs to the second defendant, limited by rule 32(11).

Orders

  • Plaintiff granted leave to amend particulars of claim as per notice dated 5 May 2020.
  • Plaintiff to deliver amended particulars of claim on or before 18 September 2020.