Amadhila and Another v Wilbard and Others (HC-MD-CIV-ACT-OTH-2023/01355) [2023] NAHCMD 678 (25 October 2023)

Amadhila and Another v Wilbard and Others (HC-MD-CIV-ACT-OTH-2023/01355) [2023] NAHCMD 678 (25 October 2023)

The particulars of claim do not disclose a cause of action as the alleged sale agreement does not comply with the statutory formalities required by section 2 of Act 71 of 1996; therefore, the exception is upheld and the pleading set aside.

Source-derived case information.

Citation
[2023] NAHCMD 678
Parties
Plaintiff: Peneyambeko Amadhila & Another; Defendant/excipient: Petrus Wilbard & 3 Others
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
25 October 2023
Case Number
HC-MD-CIV-ACT-OTH-2023/01355
Procedural Posture
Civil / Ruling on Exception to Pleadings
Outcome
Exception upheld; offending pleading set aside with costs; leave to amend granted.
Legal Topics
Exception to Pleadings, Sale of Land, Formalities of Contract, Costs
Source Language
english
Civil Procedure Property Law Exception to Pleadings Sale of Land Formalities of Contract Costs

Source-derived case record

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Parties

Peneyambeko Amadhila & Another

Plaintiff

Petrus Wilbard & 3 Others

Defendant/excipient

Procedural Posture

Civil / Ruling on Exception to Pleadings

Legal Issues

  1. 1 Whether the particulars of claim disclose a cause of action
  2. 2 Whether the pleading is vague and embarrassing
  3. 3 Compliance with statutory formalities for sale of land

Ratio Decidendi

The particulars of claim do not disclose a cause of action as the alleged sale agreement does not comply with the statutory formalities required by section 2 of Act 71 of 1996; therefore, the exception is upheld and the pleading set aside.

Court Disposition

Exception upheld; offending pleading set aside with costs; leave to amend granted.

Orders

  • The exception of the pleading is upheld and the offending pleading is set aside with costs, capped in terms of rule 32(11) of the rules of court.
  • The plaintiff shall file an amended pleading on or before 10 November 2023.