Pretorius v van Eck (2538 of 2016) [2018] NAHCMD 209 (12 July 2018)

Pretorius v van Eck (2538 of 2016) [2018] NAHCMD 209 (12 July 2018)

The application for amendment was refused because the applicants failed to show good cause, did not act promptly, failed to provide a sufficient explanation for their delay, and allowing the amendment would jeopardize the fixed trial dates and prejudice other parties.

Citation
[2018] NAHCMD 209
Parties
1st and 2nd Defendants (applicants): Pretorius; 4th and 5th Defendants (respondents): van Eck
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
12 July 2018
Case Number
2538 of 2016
Procedural Posture
Civil Action (contract) / Application for Amendment of Pleadings Prior to Trial
Outcome
Application for amendment refused; costs awarded to fourth and fifth defendants; trial to proceed as scheduled.
Legal Topics
Amendment of Pleadings, Case Management, Pre Trial Orders, Prescription (special Plea)
Source Language
English
Civil Procedure Amendment of Pleadings Case Management Pre Trial Orders Prescription (special Plea)

Case Brief

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Parties

Pretorius

1st and 2nd Defendants (applicants)

van Eck

4th and 5th Defendants (respondents)

Procedural Posture

Civil Action (contract) / Application for Amendment of Pleadings Prior to Trial

Legal Issues

  1. 1 Whether the first and second defendants should be granted leave to amend their pleadings to introduce a special plea of prescription at a late stage

Ratio Decidendi

The application for amendment was refused because the applicants failed to show good cause, did not act promptly, failed to provide a sufficient explanation for their delay, and allowing the amendment would jeopardize the fixed trial dates and prejudice other parties.

Court Disposition

Application for amendment refused; costs awarded to fourth and fifth defendants; trial to proceed as scheduled.

Orders

  • First and second defendants' application for amendment is refused.
  • Costs awarded to the fourth and fifth defendants on a party and party scale, not limited by Rule 32(11), to include costs of one instructing and one instructed counsel.