Rossing Pension Fund v Lyners and Others ; Lyners and Others v Rossing Pension Fund and another (APPEAL 265 of 1995) [1995] NAHC 11 (20 November 1995)

Rossing Pension Fund v Lyners and Others ; Lyners and Others v Rossing Pension Fund and another (APPEAL 265 of 1995) [1995] NAHC 11 (20 November 1995)

The respondent is liable to furnish security for costs of appeal as determined by the Registrar because the matter is a civil appeal, respondent was not granted legal aid, and Telecom Namibia is not exempt as a government entity. The appeal is stayed until security is paid.

Source-derived case information.

Citation
[1995] NAHC 11
Parties
First Applicant: Telecom Namibia; Second Applicant: A W G Ruck; Respondent: Osmond Sandile Mwellie
Court
High Court
Jurisdiction
Namibia
Judgment Date
20 November 1995
Case Number
APPEAL 265 of 1995
Procedural Posture
Application / Ruling on Application for Security for Costs Pending Appeal
Outcome
Application granted
Legal Topics
Security for Costs, Appeals, Labour Disputes, Legal Aid
Source Language
english
Civil Procedure Security for Costs Appeals Labour Disputes Legal Aid

Source-derived case record

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Parties

Telecom Namibia

First Applicant

A W G Ruck

Second Applicant

Osmond Sandile Mwellie

Respondent

Procedural Posture

Application / Ruling on Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether the respondent is liable to furnish security for costs of appeal as determined by the Registrar
  2. 2 Whether the respondent is exempt from furnishing security due to alleged legal aid or the nature of the dispute
  3. 3 Whether the proceedings relate to a labour dispute or civil matter

Ratio Decidendi

The respondent is liable to furnish security for costs of appeal as determined by the Registrar because the matter is a civil appeal, respondent was not granted legal aid, and Telecom Namibia is not exempt as a government entity. The appeal is stayed until security is paid.

Court Disposition

Application granted

Orders

  • Respondent to furnish security for costs of appeal as determined by the Registrar.
  • Appeal stayed until security is paid.