Kaputa v Shilunga (HC-MD-CIV-ACT-CON- 1655 of 2018) [2021] NAHCMD 489 (22 October 2021)

Kaputa v Shilunga (HC-MD-CIV-ACT-CON- 1655 of 2018) [2021] NAHCMD 489 (22 October 2021)

The defendant's amended special plea was not irregularly filed as it complied with the court's directives and the joint status report signed by both parties. The plaintiff, by signing the joint status report, assented to the procedural steps despite knowing the defendant had not furnished security for costs, and should have raised the issue at that time.

Citation
[2021] NAHCMD 489
Parties
Plaintiff: Tomas Kaputa; Defendant: Wilbard Shilunga
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
22 October 2021
Case Number
HC-MD-CIV-ACT-CON- 1655 of 2018
Procedural Posture
Civil Action (contract) / Interlocutory Application Ruling
Outcome
Application for irregular proceedings struck out; costs to stand over for determination in the main action; further procedural steps ordered.
Legal Topics
Irregular Proceedings, Security for Costs, Amendment of Pleadings, Compliance With Court Orders
Source Language
English
Civil Procedure Irregular Proceedings Security for Costs Amendment of Pleadings Compliance With Court Orders

Case Brief

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Parties

Tomas Kaputa

Plaintiff

Wilbard Shilunga

Defendant

Procedural Posture

Civil Action (contract) / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the defendant's amended special plea was irregularly filed due to non-compliance with security for costs order
  2. 2 Whether the plaintiff's application for irregular proceedings was properly brought within the required timeline

Ratio Decidendi

The defendant's amended special plea was not irregularly filed as it complied with the court's directives and the joint status report signed by both parties. The plaintiff, by signing the joint status report, assented to the procedural steps despite knowing the defendant had not furnished security for costs, and should have raised the issue at that time.

Court Disposition

Application for irregular proceedings struck out; costs to stand over for determination in the main action; further procedural steps ordered.

Orders

  • The application for irregular proceedings in terms of rule 61 is struck out.
  • Costs to stand over and to be determined in the main action.