RS v RS (Ruling) (unknown 1840 of 2015) [2017] NAHCMD 128 (12 April 2017)

RS v RS (Ruling) (unknown 1840 of 2015) [2017] NAHCMD 128 (12 April 2017)

The application was struck off the roll because the excessive prolixity and unnecessary documentation constituted an abuse of process, contrary to the spirit and purpose of Rule 90, and the matter did not present unusual complexities or exceptional circumstances to justify deviation from the norm.

Citation
[2017] NAHCMD 128
Parties
Applicant/plaintiff: RS; Respondent/defendant: RS
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
12 April 2017
Case Number
unknown 1840 of 2015
Procedural Posture
Interlocutory Application (matrimonial) / Ruling on Rule 90 Application for Maintenance Pendent Lite
Outcome
Application struck off the roll with costs; matter postponed for status hearing.
Legal Topics
Maintenance Pendent Lite, Abuse of Process, Interlocutory Applications, Rule 90 Procedure
Source Language
English
Family Law Civil Procedure Maintenance Pendent Lite Abuse of Process Interlocutory Applications Rule 90 Procedure

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Parties

RS

Applicant/plaintiff

RS

Respondent/defendant

Procedural Posture

Interlocutory Application (matrimonial) / Ruling on Rule 90 Application for Maintenance Pendent Lite

Legal Issues

  1. 1 Whether the application for maintenance pendent lite complies with Rule 90 requirements
  2. 2 Whether the prolixity of affidavits constitutes abuse of process
  3. 3 Whether applicant made out a prima facie case in the main action

Ratio Decidendi

The application was struck off the roll because the excessive prolixity and unnecessary documentation constituted an abuse of process, contrary to the spirit and purpose of Rule 90, and the matter did not present unusual complexities or exceptional circumstances to justify deviation from the norm.

Court Disposition

Application struck off the roll with costs; matter postponed for status hearing.

Orders

  • The matter is struck off the roll with costs on the ordinary scale.
  • The matter is postponed until 27 April 2017 at 15:30 for status hearing.