Neutral citation WUM Properties (Pty) Ltd vs Prometheus Investments CC (HC-MD-CIV-ACT-CON-2019/02927) NAHCMD 364 (11 August 2021)įlynote Practice – Judgments and Orders – Rescission of default judgment – An application for rescission of default judgment may be brought either in terms of rule 16(1), rule 103(1)(a) or the common law depending on the circumstances and facts of the case.Ĭivil Procedure – Rescission of judgment – erroneously sought and erroneously granted in the absence of any of the parties affected thereby - Rule 103(1)(a) – Default judgment granted on lapsed summons, and on non-compliance with rule 15(5) – Court satisfied default judgment erroneously sought and granted.Ĭivil procedure – Rescission of judgment – Rule 103(1)(a) - An order or judgment that was erroneously sought or granted in the absence of any party affected by it should without further enquiry be rescinded or varied. REGISTRAR HIGH COURT – WINDHOEK 4 th RESPONDENT PROMETHEUS INVESTMENTS CC 1 st APPLICANT MICHAEL PETER OTT 2 nd APPLICANTĭEPUTY SHERIFF – WINDHOEK 3 rd RESPONDENT
HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK
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