Pascheka and Another v Reid (HC-MD-CIV-MOT-GEN 126 of 2019) [2020] NAHCMD 60 (18 February 2020)

Pascheka and Another v Reid (HC-MD-CIV-MOT-GEN 126 of 2019) [2020] NAHCMD 60 (18 February 2020)

Rule 56 relief is not available for final judgments or dismissals, even if imposed under Rule 53. The applicants failed to show good cause for rescission as they did not provide a reasonable explanation for their default, nor did they demonstrate a bona fide defence with prospects of success.

Citation
[2020] NAHCMD 60
Parties
Applicant: Wilko Pascheka; Applicant: Gui Gam Investment 18 CC; Respondent: Robert Grant Reid
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
18 February 2020
Case Number
HC-MD-CIV-MOT-GEN 126 of 2019
Procedural Posture
Application for Rescission of Default Judgment / Judgment on Application for Rescission
Outcome
Application for rescission dismissed with costs.
Legal Topics
Rescission of Judgment, Sanctions for Non Compliance, Case Management, Default Judgment
Source Language
English
Civil Procedure Rescission of Judgment Sanctions for Non Compliance Case Management Default Judgment

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Parties

Wilko Pascheka

Applicant

Gui Gam Investment 18 CC

Applicant

Robert Grant Reid

Respondent

Procedural Posture

Application for Rescission of Default Judgment / Judgment on Application for Rescission

Legal Issues

  1. 1 Whether relief from sanctions under Rule 56 is available for a final judgment imposed under Rule 53
  2. 2 Whether the applicants have shown good cause for rescission of default judgment

Ratio Decidendi

Rule 56 relief is not available for final judgments or dismissals, even if imposed under Rule 53. The applicants failed to show good cause for rescission as they did not provide a reasonable explanation for their default, nor did they demonstrate a bona fide defence with prospects of success.

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The application for rescission of judgment is denied with costs.