TCL Workers Committee v Standard Bank Namibia Limited (HC-MD-CIV-ACT-CON- 4145 of 2020) [2021] NAHCMD 43 (11 February 2021)

TCL Workers Committee v Standard Bank Namibia Limited (HC-MD-CIV-ACT-CON- 4145 of 2020) [2021] NAHCMD 43 (11 February 2021)

The plaintiff failed to establish locus standi as it is not a juristic person, and did not provide reasonable grounds for recusal. The court found that notifications via eJustice were sufficient and that the plaintiff was aware of the proceedings. The application for recusal and irregular step lacked merit and was dismissed with costs.

Citation
[2021] NAHCMD 43
Parties
Plaintiff: TCL Workers Committee; Defendant: Standard Bank Namibia Limited
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
11 February 2021
Case Number
HC-MD-CIV-ACT-CON- 4145 of 2020
Procedural Posture
Civil Action (contract) / Ruling on Recusal Application
Outcome
Application for recusal refused with costs.
Legal Topics
Recusal of Judge, Locus Standi, Service of Process, Case Management, Irregular Proceedings
Source Language
English
Civil Procedure Recusal of Judge Locus Standi Service of Process Case Management Irregular Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

TCL Workers Committee

Plaintiff

Standard Bank Namibia Limited

Defendant

Procedural Posture

Civil Action (contract) / Ruling on Recusal Application

Legal Issues

  1. 1 Whether the court should recuse itself for alleged bias and disregard of the rule of law
  2. 2 Whether the plaintiff has locus standi to bring the application
  3. 3 Whether there was an irregular step due to alleged non-service of the notice of intention to defend

Ratio Decidendi

The plaintiff failed to establish locus standi as it is not a juristic person, and did not provide reasonable grounds for recusal. The court found that notifications via eJustice were sufficient and that the plaintiff was aware of the proceedings. The application for recusal and irregular step lacked merit and was dismissed with costs.

Court Disposition

Application for recusal refused with costs.

Orders

  • The application for recusal is refused with costs.
  • The costs are subject to rule 32(11).