REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA, NORTHERN LOCAL DIVISION, OSHAKATI JUDGMENT Case no: I 271/2016 In the matter between: REINHOLD NDAPANDULA LWAANDA PLAINTIFF and KRESTINA NDAWAPEKA UUSIKU DEFENDANT Neutral citation: Lwaanda v Uusiku (I 271/2016) [2017] NAHCNLD 03 (30 January 2017). Coram: CHEDA J Heard: 17 January 2017 Delivered: 30 January 2017 Flynote: Where a party whose case is under case management fails to: comply with Rule 14 (3) (a) (c) relating to address of service to sign a Joint Case Plan – – – appear in court and no explanation is given for such failure the said party is adjudged to be in default and subject to sanctions in terms of Rule 53 of the Rules of the High Court. is struck out. Defendant’s defence Summary: Plaintiff issued out summons for divorce. Defendant purported to enter an appearance to defend which was defective in that it did not give an address of service in terms of Rule 14 (3) (a) (c). legal practitioner did not sign a – Defendant’s Joint Case Plan and failed to appear in court for a Case Planning Conference.
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA, NORTHERN LOCAL DIVISION, OSHAKATI JUDGMENT Case no: I 271/2016 In the matter between: REINHOLD NDAPANDULA LWAANDA PLAINTIFF and KRESTINA NDAWAPEKA UUSIKU DEFENDANT Neutral citation: Lwaanda v Uusiku (I 271/2016) [2017] NAHCNLD 03 (30 January 2017). Coram: CHEDA J Heard: 17 January 2017 Delivered: 30 January 2017 Flynote: Where a party whose case is under case management fails to: comply with Rule 14 (3) (a) – (c) relating to address of service – to sign a Joint Case Plan – appear in court and no explanation is given for such failure the said party is adjudged to be in default and subject to sanctions in terms of Rule 53 of the Rules of the High Court. Defendant’s defence is struck out. Summary: Plaintiff issued out summons for divorce. Defendant purported to enter an appearance to defend which was defective in that it did not give an address of service in terms of Rule 14 (3) (a) – (c). Defendant’s legal practitioner did not sign a Joint Case Plan and failed to appear in court for a Case Planning Conference.