Negonga v Nampost Limited (HC-MD-CIV-ACT-OTH 1174 of 2017) [2018] NAHCMD 60 (15 March 2018)

Negonga v Nampost Limited (HC-MD-CIV-ACT-OTH 1174 of 2017) [2018] NAHCMD 60 (15 March 2018)

The amendment does not introduce a new cause of action or resuscitate a prescribed claim. The issue of prescription remains for trial. The plaintiff provided sufficient explanation for the amendment, and any prejudice to the defendant can be cured by a costs order.

Citation
[2018] NAHCMD 60
Parties
Plaintiff: Tobias Negonga; Defendant: Nampost Limited
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
15 March 2018
Case Number
HC-MD-CIV-ACT-OTH 1174 of 2017
Procedural Posture
Civil / Ruling on Amendment of Pleadings
Outcome
Amendment granted with costs to plaintiff
Legal Topics
Amendment of Pleadings, Prescription, Costs
Source Language
English
Civil Procedure Amendment of Pleadings Prescription Costs

Case Brief

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Parties

Tobias Negonga

Plaintiff

Nampost Limited

Defendant

Procedural Posture

Civil / Ruling on Amendment of Pleadings

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend the particulars of claim to correct the date
  2. 2 Whether the amendment would prejudice the defendant or cure prescription

Ratio Decidendi

The amendment does not introduce a new cause of action or resuscitate a prescribed claim. The issue of prescription remains for trial. The plaintiff provided sufficient explanation for the amendment, and any prejudice to the defendant can be cured by a costs order.

Court Disposition

Amendment granted with costs to plaintiff

Orders

  • Plaintiff granted leave to amend particulars of claim as per notice of 13 October 2017
  • Plaintiff to pay costs of the application