Tow-In Specialist CC v Portier (HC-MD-CIV-MOT-GEN 248 of 2018) [2019] NAHCMD 44 (22 February 2019)
The applicant provided a reasonable explanation for the default, the application was bona fide and not intended to delay, and a prima facie bona fide defence was demonstrated. The requirements for rescission under Rule 16 were met.
- Citation
- [2019] NAHCMD 44
- Parties
- Applicant: Tow-In Specialist CC; Respondent: Richard Portier
- Court
- High Court Main Division
- Jurisdiction
- Namibia
- Judgment Date
- 22 February 2019
- Case Number
- HC-MD-CIV-MOT-GEN 248 of 2018
- Procedural Posture
- Motion / Application for Rescission of Default Judgment
- Outcome
- application for rescission granted
- Legal Topics
- Rescission of Judgment, Default Judgment, Vicarious Liability, Negligence, Service of Summons
- Source Language
- English
Case Brief
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Parties
Tow-In Specialist CC
Applicant
Richard Portier
Respondent
Procedural Posture
Motion / Application for Rescission of Default Judgment
Legal Issues
- 1 Whether the applicant provided a reasonable explanation for default
- 2 Whether the rescission application was bona fide and not intended to delay
- 3 Whether the applicant demonstrated a bona fide defence to the claim
Ratio Decidendi
The applicant provided a reasonable explanation for the default, the application was bona fide and not intended to delay, and a prima facie bona fide defence was demonstrated. The requirements for rescission under Rule 16 were met.
Court Disposition
application for rescission granted
Orders
- Default judgment of 8 June 2018 rescinded
- Writ of execution of 25 June 2018 set aside
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