Malumbu v Angula (HC-MD-CIV-ACT-DEL- 2631 of 2021) [2022] NAHCMD 597 (1 November 2022)

Malumbu v Angula (HC-MD-CIV-ACT-DEL- 2631 of 2021) [2022] NAHCMD 597 (1 November 2022)

The application for condonation was fatally defective because the deponent to the founding affidavit failed to allege authority to bring the application on behalf of the defendant, no confirmatory affidavit was filed, and the explanation for delay was inadequate and did not address prospects of success.

Citation
[2022] NAHCMD 597
Parties
Plaintiff: Sofia Ndahafa Malumbu; Defendant: Alfeus Angula
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
1 November 2022
Case Number
HC-MD-CIV-ACT-DEL- 2631 of 2021
Procedural Posture
Interlocutory Application (condonation) in Civil Action for Damages / Ruling on Application for Condonation for Non Compliance With Court Order
Outcome
Application for condonation dismissed with costs.
Legal Topics
Condonation, Authority to Institute Proceedings, Non Compliance With Court Orders, Affidavit Requirements
Source Language
English
Civil Procedure Condonation Authority to Institute Proceedings Non Compliance With Court Orders Affidavit Requirements

Case Brief

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Parties

Sofia Ndahafa Malumbu

Plaintiff

Alfeus Angula

Defendant

Procedural Posture

Interlocutory Application (condonation) in Civil Action for Damages / Ruling on Application for Condonation for Non Compliance With Court Order

Legal Issues

  1. 1 Whether the deponent to the founding affidavit had authority to bring the application for condonation on behalf of the defendant
  2. 2 Whether the defendant provided a reasonable explanation for non-compliance with the court order and demonstrated prospects of success

Ratio Decidendi

The application for condonation was fatally defective because the deponent to the founding affidavit failed to allege authority to bring the application on behalf of the defendant, no confirmatory affidavit was filed, and the explanation for delay was inadequate and did not address prospects of success.

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The application for condoning the defendant’s failure to comply with court order dated 22 March 2022 and upliftment of the bar is refused with costs.
  • Costs of this application are awarded to the plaintiff, limited in terms of Rule 32(11).