Kanyama v Cupido (654 of 2006) [2007] NAHC 5 (14 March 2007)

Kanyama v Cupido (654 of 2006) [2007] NAHC 5 (14 March 2007)

The defendant discharged the onus of showing relevance; the documents sought may directly or indirectly enable the defendant to advance his case or damage the plaintiff's case. The plaintiff misconceived the principles of discovery and must comply with the discovery request.

Citation
[2007] NAHC 5
Parties
Plaintiff: Alugodhi Paulus Kanyama; Defendant: Gordon Cupido
Court
High Court
Jurisdiction
Namibia
Judgment Date
14 March 2007
Case Number
654 of 2006
Procedural Posture
Interlocutory Application / Ruling on Discovery Application
Outcome
application granted
Legal Topics
Discovery, Relevance of Documents, Defamation
Source Language
English
Civil Procedure Discovery Relevance of Documents Defamation

Case Brief

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Parties

Alugodhi Paulus Kanyama

Plaintiff

Gordon Cupido

Defendant

Procedural Posture

Interlocutory Application / Ruling on Discovery Application

Legal Issues

  1. 1 Whether the documents sought by the defendant are relevant and discoverable under Rule 35(3) and (7)
  2. 2 Whether the plaintiff's objection on grounds of privilege and irrelevance is valid

Ratio Decidendi

The defendant discharged the onus of showing relevance; the documents sought may directly or indirectly enable the defendant to advance his case or damage the plaintiff's case. The plaintiff misconceived the principles of discovery and must comply with the discovery request.

Court Disposition

application granted

Orders

  • Plaintiff to comply with defendant’s notice in terms of Rule 35(3) regarding specified documents within ten days
  • Plaintiff to pay the costs of the application