Eckleben v Mobile Telecommunications Limited (2) (920 of 2012) [2013] NAHCMD 277 (9 October 2013)

Eckleben v Mobile Telecommunications Limited (2) (920 of 2012) [2013] NAHCMD 277 (9 October 2013)

The court found that the intended amendment raises a triable issue, the parole evidence rule does not bar the amendment, and the defendant has not demonstrated prejudice that cannot be cured by costs. The amendment is therefore allowed and the plaintiff is to pay the wasted costs, including taxed costs of the application.

Citation
[2013] NAHCMD 277
Parties
Plaintiff: Siegfried Eckleben; Defendant: Mobile Telecommunications Limited
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
9 October 2013
Case Number
920 of 2012
Procedural Posture
Civil / Application for Amendment of Pleadings
Outcome
Amendment granted; costs awarded against plaintiff
Legal Topics
Amendment of Pleadings, Lease Agreements, Parole Evidence Rule, Costs
Source Language
English
Civil Procedure Amendment of Pleadings Lease Agreements Parole Evidence Rule Costs

Case Brief

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Parties

Siegfried Eckleben

Plaintiff

Mobile Telecommunications Limited

Defendant

Procedural Posture

Civil / Application for Amendment of Pleadings

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend the particulars of claim under Rule 28
  2. 2 Whether the proposed amendment would render the pleading excipiable or cause prejudice to the defendant

Ratio Decidendi

The court found that the intended amendment raises a triable issue, the parole evidence rule does not bar the amendment, and the defendant has not demonstrated prejudice that cannot be cured by costs. The amendment is therefore allowed and the plaintiff is to pay the wasted costs, including taxed costs of the application.

Court Disposition

Amendment granted; costs awarded against plaintiff

Orders

  • The plaintiff is granted leave to amend his declaration as set out in the notice to amend being Annexure 'A' to his affidavit in support of his application to amend.
  • The plaintiff is ordered to pay the wasted costs, including the taxed costs of this application.