- July 7, 2022
- |Civil Law, Practice, And Procedure, Concise Law Reports (CLR)
CIVIL PROCEDURE – THE TEST FOR CIVIL PROCEDURE – THE TEST FOR GRANTING LEAVE TO APPEAL TO THE SUPREME COURT TO APPEAL TO THE SUPREME COURT
On 8 March 2022, the court upheld exceptions to the plaintiff’s amended particulars of claim. Plaintiff then brought an application for leave to appeal that order. When discussing whether to grant leave to appeal, NDAUENDAPO J referred to Minister of Finance v Hollard Insurance Company of Namibia Ltd 2019 (3) NR 605 (SC) at 627 para 109, where the court held that the test for granting leave to appeal is whether there is a reasonable possibility that the Supreme Court may come to a different conclusion. The learned Judge found that the main submission by counsel for the plaintiff that this case does not concern the adjudicative tender process, but it was simply an omission (“a slip up”) to inform the plaintiff timeously that it got the tender and therefore the authorities relied upon by this court to uphold the exceptions are inapplicable to this case, may have some merit, and on that basis, he was of the considered view that there is a reasonable possibility that the Supreme Court may come to a different conclusion in respect of all the grounds of exception which were upheld.
In the result, the application for leave to appeal to the Supreme Court was granted.
Walvis Bay Power Plant (Pty) Ltd v NAMPOWER NAHCMD 7 July 2022