CASE NO. A196/2009
IN THE HIGH COURT OF NAMIBIA
In the matter between:

and

CORAM:    GEIER, A J
Heard on:    2011.02.14
Delivered:   2011.02.14

JUDGMENT

[2] This Application was brought in terms of Rule 44(1)(a) of the Rules of High Court, which provides that such Application may be brought by " ... any party affected thereby... ".

[3] It appears from the commentary made in Erasmus Superior Court Practice at page B1- 308 revision service 35/2010 that the phrase 'any party affected thereby' is to be interpreted to mean that :

"The question of what class of persons has the necessary locus standi to bring an application for the rescission of a judgment was considered in the United Watch & Diamond Co Ltd and Others v Disa Hotels Ltd and Another 1972 (4) SA 409 (C)...
"Corbett J, ( as he then was), in dealing with the question of their locus standi to bring the application said at page 415A-B:

'In my opinion, an applicant for an order setting aside or varying a judgment of order or a court must show in order to establish locus standi that he has an interest in the subject matter of the judgment or order sufficiently direct and substantial to have entitled him to intervene in the original application upon which the judgment was given or order granted. Before this approach can be usefully applied, however, it is necessary to determine more closely the right of a party to intervene in legal proceedings.

"an interest in the right which is the subject matter of the litigation and is not merely a financial interest which is only an indirect interest in such litigation".

that:

"The expression interested person judicially means someone who has a direct and substantial interest in the subject matter and the outcome of the litigation. The interest must be a real interest not merely an abstract or academic interest. A mere financial or commercial interest will not suffice".

"I Harold Samuel Goraseb, bearing of a Namibian identity number 64121300157, adult Namibian male 44 years of age and resident at Erf 1200 No. 16 Ngama Street, Khomasdal Windhoek, Namibia, do hereby admit liability in the amount of one hundred thousand Namibian Dollars (N$100 000.00) to August Maletzky. Accordingly I consent to Judgment in the aforesaid amount.

Signed Harold Goraseb".

[10] It appears that Default Judgment herein was granted some months prior to this consent to Judgment.

[12] As such he had to show that he had an interest in the subject matter, sufficiently direct and substantial to have entitled him to have intervened in the original action.

[17]   In the result the following Order is made:

GEIER, AJ

ON BEHALF OF THE APPLICANT					IN PERSON

Grobler & Company