Smith v Kazenambo (1654 of 2000) [2000] NAHC 27 (9 November 2000)

Smith v Kazenambo (1654 of 2000) [2000] NAHC 27 (9 November 2000)

The defendant's plea was vague and embarrassing, failed to comply with the rules of court by combining multiple defences in single paragraphs without sufficient particularity, and did not set out material facts to support the alleged defences. Therefore, paragraphs 2, 3, 4, and 5 of the plea were struck out.

Citation
[2000] NAHC 27
Parties
Plaintiff/excipient: Johannes Marthinus Smith; Defendant: Kazenambo Kazenambo
Court
High Court
Jurisdiction
Namibia
Judgment Date
9 November 2000
Case Number
1654 of 2000
Procedural Posture
Civil / Interlocutory Exception to Plea
Outcome
Exception granted; parts of plea struck out with costs.
Legal Topics
Defamation, Pleadings, Exception Procedure, Freedom of Expression
Source Language
English
Tort Media Law Defamation Pleadings Exception Procedure Freedom of Expression

Case Brief

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Parties

Johannes Marthinus Smith

Plaintiff/excipient

Kazenambo Kazenambo

Defendant

Procedural Posture

Civil / Interlocutory Exception to Plea

Legal Issues

  1. 1 Whether the defendant's plea complies with the rules of court regarding clarity and particularity
  2. 2 Whether multiple defences can be pleaded in a single paragraph
  3. 3 Whether the plea is vague and embarrassing and liable to be struck out

Ratio Decidendi

The defendant's plea was vague and embarrassing, failed to comply with the rules of court by combining multiple defences in single paragraphs without sufficient particularity, and did not set out material facts to support the alleged defences. Therefore, paragraphs 2, 3, 4, and 5 of the plea were struck out.

Court Disposition

Exception granted; parts of plea struck out with costs.

Orders

  • Paragraphs 2, 3, 4, and 5 of the plea are struck out.
  • Defendant to file an amended plea within 20 days from date hereof.