Bank Windhoek Limited v Shiimi (1) (HC-MD-CIV-ACT-CON 4027 of 2017) [2018] NAHCMD 352 (1 November 2018)

Bank Windhoek Limited v Shiimi (1) (HC-MD-CIV-ACT-CON 4027 of 2017) [2018] NAHCMD 352 (1 November 2018)

The court held that the plaintiff's claim is for a liquidated amount in money and falls within the ambit of summary judgment. The defendant failed to provide a reasonable explanation for non-compliance with the court order and did not establish a bona fide defence. Summary judgment was therefore granted in favour of the plaintiff.

Citation
[2018] NAHCMD 352
Parties
Plaintiff: Bank Windhoek Limited; Defendant: Abed Iyambo Shiimi
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
1 November 2018
Case Number
HC-MD-CIV-ACT-CON 4027 of 2017
Procedural Posture
Civil (contract) / Summary Judgment Application
Outcome
Summary judgment granted for the plaintiff.
Legal Topics
Summary Judgment, Liquidated Claims, Loan Agreements, Certificate of Indebtedness, Non Compliance With Court Orders
Source Language
English
Civil Procedure Contract Law Banking Law Summary Judgment Liquidated Claims Loan Agreements Certificate of Indebtedness Non Compliance With Court Orders

Case Brief

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Parties

Bank Windhoek Limited

Plaintiff

Abed Iyambo Shiimi

Defendant

Procedural Posture

Civil (contract) / Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff's claim is for a liquidated amount of money within the ambit of Rule 60
  2. 2 Whether the defendant provided a reasonable explanation for non-compliance with a court order
  3. 3 Whether the defendant has a bona fide defence to the plaintiff's claim

Ratio Decidendi

The court held that the plaintiff's claim is for a liquidated amount in money and falls within the ambit of summary judgment. The defendant failed to provide a reasonable explanation for non-compliance with the court order and did not establish a bona fide defence. Summary judgment was therefore granted in favour of the plaintiff.

Court Disposition

Summary judgment granted for the plaintiff.

Orders

  • Payment in the amount of N$ 2,828,088.19
  • Compound interest calculated daily and capitalized monthly on the amount of N$ 2,828,088.19 at plaintiff’s mortgage lending rate of interest from time to time, currently 11.50% per year plus 3% calculated from 29 August 2017 to date of final payment