Teichmann Plant Hire (Pty) Ltd v RCC MCC Joint Venture (3) (1216 of 2015) [2020] NAHCMD 77 (5 March 2020)

Teichmann Plant Hire (Pty) Ltd v RCC MCC Joint Venture (3) (1216 of 2015) [2020] NAHCMD 77 (5 March 2020)

The parties failed to show good cause as required by rule 96(3) and did not file a proper application supported by affidavit; a mere joint notice is insufficient.

Source-derived case information.

Citation
[2020] NAHCMD 77
Parties
Plaintiff: Teichmann Plant Hire (Pty) Ltd; Defendant: RCC MCC Joint Venture
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
5 March 2020
Case Number
1216 of 2015
Procedural Posture
Civil / Interlocutory Application
Outcome
application dismissed
Legal Topics
Vacation of Trial Dates, Application for Removal From Roll, Private Arbitration, Good Cause Requirement
Source Language
english
Civil Procedure Vacation of Trial Dates Application for Removal From Roll Private Arbitration Good Cause Requirement

Source-derived case record

Summary, issues, holding and outcome

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Parties

Teichmann Plant Hire (Pty) Ltd

Plaintiff

RCC MCC Joint Venture

Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether the parties have shown good cause under rule 96(3) to vacate or set aside the set-down trial dates
  2. 2 Whether the joint notice filed by the parties constitutes a valid application under rule 96(3)

Ratio Decidendi

The parties failed to show good cause as required by rule 96(3) and did not file a proper application supported by affidavit; a mere joint notice is insufficient.

Court Disposition

application dismissed

Orders

  • The parties’ purported joint application to have the set-down dates vacated or set aside is dismissed.
  • No order as to costs.