Pro Housing CC v Cloete (HC-MD-CIV-ACT-CON- 912 of 2021) [2021] NAHCMD 442 (30 September 2021)

Pro Housing CC v Cloete (HC-MD-CIV-ACT-CON- 912 of 2021) [2021] NAHCMD 442 (30 September 2021)

There is sufficient evidence to believe the plaintiff may be unable to pay an adverse costs order, and no compelling reason was shown to refuse security; therefore, the plaintiff must furnish security for costs, with the nature and amount to be determined by the Registrar.

Citation
[2021] NAHCMD 442
Parties
Plaintiff: Pro Housing CC; Defendant: Grant Cloete
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
30 September 2021
Case Number
HC-MD-CIV-ACT-CON- 912 of 2021
Procedural Posture
Civil Action Contract / Ruling on Application for Security for Costs
Outcome
Application for security for costs granted; plaintiff's action stayed until security furnished; costs awarded to defendant; matter postponed for status hearing.
Legal Topics
Security for Costs, Close Corporations, Costs Orders, Stay of Proceedings
Source Language
English
Civil Procedure Contract Law Security for Costs Close Corporations Costs Orders Stay of Proceedings

Case Brief

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Parties

Pro Housing CC

Plaintiff

Grant Cloete

Defendant

Procedural Posture

Civil Action Contract / Ruling on Application for Security for Costs

Legal Issues

  1. 1 Whether the plaintiff should be ordered to furnish security for costs under s 8 of the Close Corporations Act 26 of 1988
  2. 2 Whether there is reason to believe the plaintiff will be unable to pay the defendant's costs if unsuccessful
  3. 3 Whether the application for security for costs was brought mala fide

Ratio Decidendi

There is sufficient evidence to believe the plaintiff may be unable to pay an adverse costs order, and no compelling reason was shown to refuse security; therefore, the plaintiff must furnish security for costs, with the nature and amount to be determined by the Registrar.

Court Disposition

Application for security for costs granted; plaintiff's action stayed until security furnished; costs awarded to defendant; matter postponed for status hearing.

Orders

  • Plaintiff to furnish security for costs to defendant.
  • Nature, form, manner, and amount of security to be determined by Registrar.