Telecom Namibia and Another v Mwellie (APPEAL 109 of 1996) [1996] NAHC 49 (6 June 1996)

Telecom Namibia and Another v Mwellie (APPEAL 109 of 1996) [1996] NAHC 49 (6 June 1996)

The respondent is liable to furnish security for costs of appeal as determined by the Registrar because the matter is a civil dispute, the High Court Rules apply, and the respondent was not granted legal aid. The appeal is stayed until security is paid, and the respondent must pay the costs of this application before proceeding with the appeal.

Citation
[1996] NAHC 49
Parties
Applicant: Telecom Namibia; Applicant: A W G Ruck; Respondent: Osmond Sandile Mwellie
Court
High Court
Jurisdiction
Namibia
Judgment Date
6 June 1996
Case Number
APPEAL 109 of 1996
Procedural Posture
Application / Application to Declare Appeal Lapsed or Strike From Roll Due to Failure to Furnish Security for Costs
Outcome
Application granted in part; appeal stayed until security for costs is paid.
Legal Topics
Security for Costs, Appeal Procedure, Prescription, Legal Aid
Source Language
English
Civil Procedure Security for Costs Appeal Procedure Prescription Legal Aid

Case Brief

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Parties

Telecom Namibia

Applicant

A W G Ruck

Applicant

Osmond Sandile Mwellie

Respondent

Procedural Posture

Application / 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 for failure to furnish security
  3. 3 Whether prospects of success are relevant in ordering 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, the High Court Rules apply, and the respondent was not granted legal aid. The appeal is stayed until security is paid, and the respondent must pay the costs of this application before proceeding with the appeal.

Court Disposition

Application granted in part; appeal stayed until security for costs is paid.

Orders

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