Martin v Arowolo (2) (2247 of 2010) [2010] NAHC 151 (12 October 2010)

Martin v Arowolo (2) (2247 of 2010) [2010] NAHC 151 (12 October 2010)

The applicant failed to allege explicit facts showing she could not be afforded substantial redress at a hearing in due course, and relief could have been sought in the Domestic Violence Court where a hearing was imminent. The application did not satisfy the requirements for urgency.

Citation
[2010] NAHC 151
Parties
Applicant: Rodgeryne Teresa Martin; Respondent: Olayinka Oladapo Arowolo
Court
High Court
Jurisdiction
Namibia
Judgment Date
12 October 2010
Case Number
2247 of 2010
Procedural Posture
Urgent Application / Struck From Roll With Costs
Outcome
Application struck from the roll with costs.
Legal Topics
Interim Custody, Urgent Applications, Domestic Violence, Rule 43 Applications
Source Language
English
Family Law Civil Procedure Interim Custody Urgent Applications Domestic Violence Rule 43 Applications

Case Brief

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Parties

Rodgeryne Teresa Martin

Applicant

Olayinka Oladapo Arowolo

Respondent

Procedural Posture

Urgent Application / Struck From Roll With Costs

Legal Issues

  1. 1 Whether the application was sufficiently urgent to warrant hearing on an urgent basis
  2. 2 Whether the applicant could obtain substantial redress at a hearing in due course
  3. 3 Compliance with Rule 43(2) requirements

Ratio Decidendi

The applicant failed to allege explicit facts showing she could not be afforded substantial redress at a hearing in due course, and relief could have been sought in the Domestic Violence Court where a hearing was imminent. The application did not satisfy the requirements for urgency.

Court Disposition

Application struck from the roll with costs.

Orders

  • Application struck from the roll with costs.