court, submits the plaintiff. The plaintiff submits that there is no merit in the submission that there was a tacit agreement between the parties. [17] In conclusion, the plaintiff submits that the defendant should bear the costs of these proceedings as the plaintiff was brought to court on the defendant’s request, such costs to include the costs of one instructing and one instructed counsel. Discussion Variation of the court order: [18] In effect, what I have before me is a request to vary the court order dated 01 November 2017 in the following terms: the cost order of 1 November 2017 is not limited to N$ 20 000.00;...’ ‘That [19] It is trite that once a court has duly pronounced a final judgment or order, it has in itself no authority to correct, alter or supplement such judgment or order and by reason of that the court thereupon becomes functus officio: its jurisdiction in the case having been fully and finally exercised. There are however a few exceptions to this general rule where the court may vary or rescind its orders or judgments, which have been codified in Rule 103 of the Rules of Court. Rule 103 deals with variation and rescission of court orders and judgments in general and reads as follows: In addition to the powers it may have, the court may of its own initiative or on the application of any party affected brought within a reasonable time, rescind or vary any order or judgment- erroneously sought or erroneously granted in the absence of any party affected thereby; in respect of interest or cost granted without being argued;
court, submits the plaintiff. The plaintiff submits that there is no merit in the submission that there was a tacit agreement between the parties. [17] In conclusion, the plaintiff submits that the defendant should bear the costs of these proceedings as the plaintiff was brought to court on the defendant’s request, such costs to include the costs of one instructing and one instructed counsel. Discussion Variation of the court order: [18] In effect, what I have before me is a request to vary the court order dated 01 November 2017 in the following terms: ‘That the cost order of 1 November 2017 is not limited to N$ 20 000.00;...’ [19] It is trite that once a court has duly pronounced a final judgment or order, it has in itself no authority to correct, alter or supplement such judgment or order and by reason of that the court thereupon becomes functus officio: its jurisdiction in the case having been fully and finally exercised. There are however a few exceptions to this general rule where the court may vary or rescind its orders or judgments, which have been codified in Rule 103 of the Rules of Court. Rule 103 deals with variation and rescission of court orders and judgments in general and reads as follows: In addition to the powers it may have, the court may of its own initiative or on the application of any party affected brought within a reasonable time, rescind or vary any order or judgment- erroneously sought or erroneously granted in the absence of any party affected thereby; in respect of interest or cost granted without being argued;
Spangenberg%20v%20Kloppers%20(HC-MD-CIV-ACT-OTH-2017-01338)%20[2018]%20NAHCMD%2081%20(5%20April%202018).docx