REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 128/2012 In the matter between: INDEPENDENT ASPHALT SERVICES NAMIBIA CC PLAINTIFF and NAMIBIA CONSTRUCTION (PTY) LTD DEFENDANT Neutral citation: Independent Asphalt Services Namibia CC v Namibia Construction (Pty) Ltd (I 128/2012) [2014] NAHCMD 329 (6 November 2014) Coram: PARKER AJ Heard: 7 October 2014 Delivered: 6 November 2014 Practice Pleadings Particulars of claim Amendment of When to Flynote: – – – – be granted Amendment raising no cause of action and therefore excipiable Court – – held that of action’ means the fact or combination of facts which give rise to a ‘cause right of action In instant case court found that the proposed amendment does not – disclose a course of action and is therefore excipiable and would cause irreparably prejudice to the defendant if it was allowed Based on excipiability of the – amendment and attendant irreparable prejudice to the defendant court refused to allow the amendment. Summary: Practice Pleadings Particulars of claim Amendment of When to – – – – be granted Amendment raising no cause of action and therefore excipiable – – Plaintiff sought to amend its particulars of claim whereby it would claim payment by defendant of an amount for goods plaintiff did not supply in terms of a contract On – plaintiff’s own version it did not supply the bitumen part of asphalt required for the road construction project but the defendant did Court found therefore that if the –
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 128/2012 In the matter between: INDEPENDENT ASPHALT SERVICES NAMIBIA CC PLAINTIFF and NAMIBIA CONSTRUCTION (PTY) LTD DEFENDANT Neutral citation: Independent Asphalt Services Namibia CC v Namibia Construction (Pty) Ltd (I 128/2012) [2014] NAHCMD 329 (6 November 2014) Coram: PARKER AJ Heard: 7 October 2014 Delivered: 6 November 2014 Flynote: Practice – Pleadings – Particulars of claim – Amendment of – When to be granted – Amendment raising no cause of action and therefore excipiable – Court held that ‘cause of action’ means the fact or combination of facts which give rise to a right of action – In instant case court found that the proposed amendment does not disclose a course of action and is therefore excipiable and would cause irreparably prejudice to the defendant if it was allowed – Based on excipiability of the amendment and attendant irreparable prejudice to the defendant court refused to allow the amendment. Summary: Practice – Pleadings – Particulars of claim – Amendment of – When to be granted – Amendment raising no cause of action and therefore excipiable – Plaintiff sought to amend its particulars of claim whereby it would claim payment by defendant of an amount for goods plaintiff did not supply in terms of a contract – On plaintiff’s own version it did not supply the bitumen part of asphalt required for the road construction project but the defendant did – Court found therefore that if the
Independent%20Asphalt%20Services%20Namibia%20CC%20v%20Namibia%20Construction%20(Pty)%20Ltd%20(I%20128-2012)%20[2014]%20NAHCMD%20329%20(6%20November%202014).docx