Transnamib Holdings Limited v Scorpion Credit Management CC (HC-MD-CIV-ACT-CON 2713 of 2018) [2020] NAHCMD 71 (25 February 2020)

Transnamib Holdings Limited v Scorpion Credit Management CC (HC-MD-CIV-ACT-CON 2713 of 2018) [2020] NAHCMD 71 (25 February 2020)

The exceptions are dismissed because the alleged vagueness and contradictions in the counterclaim do not prevent the Plaintiff from pleading, and any embarrassment can be cured by requesting further particulars. The counterclaim contains sufficient averments to allow a plea, and the lack of particularity does not strike at the root of the cause of action.

Citation
[2020] NAHCMD 71
Parties
Plaintiff: TransNamib Holdings Limited; Defendant: Scorpion Credit Management CC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
25 February 2020
Case Number
HC-MD-CIV-ACT-CON 2713 of 2018
Procedural Posture
Civil Action Contract / Ruling on Exceptions
Outcome
Exceptions dismissed
Legal Topics
Exceptions, Pleadings, Lease Agreements, Damages
Source Language
English
Contract Law Civil Procedure Exceptions Pleadings Lease Agreements Damages

Case Brief

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Parties

TransNamib Holdings Limited

Plaintiff

Scorpion Credit Management CC

Defendant

Procedural Posture

Civil Action Contract / Ruling on Exceptions

Legal Issues

  1. 1 Whether the counterclaim is vague and embarrassing
  2. 2 Whether the counterclaim discloses a cause of action
  3. 3 Whether contradictory allegations in the counterclaim prevent pleading

Ratio Decidendi

The exceptions are dismissed because the alleged vagueness and contradictions in the counterclaim do not prevent the Plaintiff from pleading, and any embarrassment can be cured by requesting further particulars. The counterclaim contains sufficient averments to allow a plea, and the lack of particularity does not strike at the root of the cause of action.

Court Disposition

Exceptions dismissed

Orders

  • The exceptions are dismissed.
  • Costs of the application are awarded to the Defendant.