Teichmann Plant Hire (Pty) Ltd v Coetzee and Others [2020] NAHCMD 408 (11 September 2020)

Teichmann Plant Hire (Pty) Ltd v Coetzee and Others [2020] NAHCMD 408 (11 September 2020)

The application was struck from the roll because the applicant failed to comply with the mandatory requirements of Rule 73 for urgent applications, including not seeking an order to dispense with the rules and not explicitly setting out urgency or reasons for inability to obtain redress in due course.

Citation
[2020] NAHCMD 408
Parties
Applicant: Teichmann Plant Hire (PTY) Ltd; Respondent: Emgard Coetzee; Respondent: Robert Coetzee; Respondent: The Deputy Sheriff For The District Of Windhoek
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
11 September 2020
Procedural Posture
Urgent Application / Ruling on Preliminary Objections and Urgency
Outcome
application struck from the roll
Legal Topics
Urgency, Stay of Execution, Costs, Compliance With Court Rules
Source Language
English
Civil Procedure Urgency Stay of Execution Costs Compliance With Court Rules

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Parties

Teichmann Plant Hire (PTY) Ltd

Applicant

Emgard Coetzee

Respondent

Robert Coetzee

Respondent

The Deputy Sheriff For The District Of Windhoek

Respondent

Procedural Posture

Urgent Application / Ruling on Preliminary Objections and Urgency

Legal Issues

  1. 1 Whether the applicant complied with Rule 73 requirements for urgent applications
  2. 2 Whether the application should be struck for want of urgency and procedural compliance

Ratio Decidendi

The application was struck from the roll because the applicant failed to comply with the mandatory requirements of Rule 73 for urgent applications, including not seeking an order to dispense with the rules and not explicitly setting out urgency or reasons for inability to obtain redress in due course.

Court Disposition

application struck from the roll

Orders

  • The application is struck from the roll for want of compliance with the requirements of Rule 73.
  • The Applicant is ordered to pay the costs of the application.