Alfred NO v Haikali (63 of 2012) [2013] NAHCNLD 45 (7 August 2013)

REPUBLIC OF NAMIBIA NOT REPORTABLE

IN THE HIGH COURT OF NAMIBIA, NORTHERN LOCAL DIVISION

RULING

Case no: I 63/2012

In the matter between:

VINASIU ALFRED N.O PLAINTIFF/RESPONDENT

and

LUKAS HAIKALI DEFENDANT/APPLICANT

Neutral citation: Alfred N.O v Haikali (I 63/2012) [2013] NAHCNLD 45 (24 April 2013)

Coram: DAMASEB, JP

Heard: 07 August 2013

Delivered: 07 August 2013

RULING

DAMASEB, JP:

[1] Defendant’s special plea in relation to the alternative relief, in so far as it postulated that the court has no jurisdiction because the ‘cause of action’ arose in Angola – a foreign jurisdiction – has no basis in law as the court has jurisdiction based on defendant’s presence in its jurisdiction. The court ordinarily assumes jurisdiction in respect of claims sounding in money ‘either when the defendant is an incola… or where the cause of action arose within its jurisdiction’.¹

[2] The plaintiff’s notice to amend filed of record today, not objected to by the defendant, alleging that the cattle allegedly improperly appropriated by the defendant are now within the jurisdiction of this court, cures the difficulty posed by seeking the return of the cattle in a foreign jurisdiction in so far as that fact raised the court’s inability to enforce effectively any order directing the return of livestock located in a foreign jurisdiction. It is trite that the court may decline jurisdiction in circumstances were an order it makes may not be capable of being enforced.²

[3] Having heard Mrs Mainga on behalf of the applicant/defendant and Mrs Visser on behalf of the respondent/plaintiff and having read the special plea raised by the defendant and other documents filed of record, the following order is additionally made:

a) The matter is set down for pre-trial conference on 3 December 2013 at 9h00 and the parties are directed to comply with their obligations relative to a pre-trial conference.

b) Costs of the special plea shall be in the cause.

__________________

PT DAMASEB

JUDGE-PRESIDENT

APPEARANCE:

APPLICANT/DEFENDANT I MAINGA

OF INONGE MAINGA ATTORNEYS, ONGWEDIVA

RESPONDENT/PLAINTIFF ADV VISSER

INSTRUCTED BY DR WEDER, KAUTA AND HOVEKA INC, ONGWEDIVA