Telecom and Another v Mwellie (APPEAL 109 of 1996) [1995] NAHC 5 (12 August 1995)

Telecom and Another v Mwellie (APPEAL 109 of 1996) [1995] NAHC 5 (12 August 1995)

The respondent is liable to furnish security for costs of appeal as determined by the Registrar because the matter is a civil dispute, not a labour dispute, and the respondent is not exempted by legal aid or government status. The appeal is stayed until security is paid, and respondent must pay costs of the application before proceeding with the appeal.

Citation
[1995] NAHC 5
Parties
First Applicant: Telecom Namibia; Second Applicant: A W G Ruck; Respondent: O S Mwellie
Court
High Court
Jurisdiction
Namibia
Judgment Date
12 August 1995
Case Number
APPEAL 109 of 1996
Procedural Posture
Application / Interlocutory Application to Declare Appeal Lapsed or Strike From Roll Due to Failure to Furnish Security for Costs
Outcome
Application granted in part
Legal Topics
Security for Costs, Appeal Procedure, Prescription, Labour Law Applicability, Legal Aid
Source Language
English
Civil Procedure Security for Costs Appeal Procedure Prescription Labour Law Applicability Legal Aid

Case Brief

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Parties

Telecom Namibia

First Applicant

A W G Ruck

Second Applicant

O S Mwellie

Respondent

Procedural Posture

Application / Interlocutory Application to Declare Appeal Lapsed or Strike From Roll Due to Failure to Furnish Security for Costs

Legal Issues

  1. 1 Whether the respondent is liable to furnish security for costs of appeal as determined by the Registrar
  2. 2 Whether the appeal should be stayed or struck off the roll for failure to furnish security
  3. 3 Whether the matter is a civil or labour dispute for purposes of security for costs

Ratio Decidendi

The respondent is liable to furnish security for costs of appeal as determined by the Registrar because the matter is a civil dispute, not a labour dispute, and the respondent is not exempted by legal aid or government status. The appeal is stayed until security is paid, and respondent must pay costs of the application before proceeding with the appeal.

Court Disposition

Application granted in part

Orders

  • Respondent to furnish security for costs of appeal as determined by the Registrar
  • Appeal stayed until security is paid