Vermeulen v Vermeulen (HC-MD-CIV-ACT-CON- 3974 of 2018) [2020] NAHCMD 485 (23 October 2020)

Vermeulen v Vermeulen (HC-MD-CIV-ACT-CON- 3974 of 2018) [2020] NAHCMD 485 (23 October 2020)

The particulars of claim are unclear, do not make out a case for contempt of court, and do not support relief against the defendant in his personal capacity. The exception is upheld and costs are capped as per the Rules.

Citation
[2020] NAHCMD 485
Parties
First Plaintiff: Annalize Vermeulen; Second Plaintiff: Abraham Jacobus Vermeulen; Defendant: Abraham Jacobus Vermeulen
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
23 October 2020
Case Number
HC-MD-CIV-ACT-CON- 3974 of 2018
Procedural Posture
Civil Action Contract / Interlocutory Ruling on Exception
Outcome
Exception upheld
Legal Topics
Exception to Particulars of Claim, Costs, Contempt of Court
Source Language
English
Civil Procedure Exception to Particulars of Claim Costs Contempt of Court

Case Brief

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Parties

Annalize Vermeulen

First Plaintiff

Abraham Jacobus Vermeulen

Second Plaintiff

Abraham Jacobus Vermeulen

Defendant

Procedural Posture

Civil Action Contract / Interlocutory Ruling on Exception

Legal Issues

  1. 1 Whether the particulars of claim disclose a cause of action for contempt of court
  2. 2 Whether the particulars of claim support relief against the defendant in his personal capacity
  3. 3 Whether costs should be capped in accordance with the Rules of the High Court

Ratio Decidendi

The particulars of claim are unclear, do not make out a case for contempt of court, and do not support relief against the defendant in his personal capacity. The exception is upheld and costs are capped as per the Rules.

Court Disposition

Exception upheld

Orders

  • Plaintiffs granted leave to amend particulars of claim within 14 days
  • Status hearing scheduled before managing judge on 24 November 2020 at 14h15