Bank Windhoek Limited v Benlin Investment CC (HC-MD-CIV-CON 302 of 2016) [2017] NAHCMD 78 (14 March 2017)

Bank Windhoek Limited v Benlin Investment CC (HC-MD-CIV-CON 302 of 2016) [2017] NAHCMD 78 (14 March 2017)

There was no genuine or proper compliance with Rule 32(9) and (10) before the applications for summary judgment and condonation were lodged; non-compliance with these peremptory rules is fatal and renders the applications improperly before the court.

Citation
[2017] NAHCMD 78
Parties
Plaintiff: Bank Windhoek Limited; Defendant: Benlin Investment CC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
14 March 2017
Case Number
HC-MD-CIV-CON 302 of 2016
Procedural Posture
Civil (contract) / Summary Judgment Application and Interlocutory Application for Condonation
Outcome
Application for summary judgment struck from the roll for non-compliance with Rule 32(9) and (10); plaintiff to pay costs.
Legal Topics
Summary Judgment, Interlocutory Applications, Judicial Case Management, Compliance With Court Rules, Condonation
Source Language
English
Civil Procedure Summary Judgment Interlocutory Applications Judicial Case Management Compliance With Court Rules Condonation

Case Brief

Summary, issues, holding and outcome

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Parties

Bank Windhoek Limited

Plaintiff

Benlin Investment CC

Defendant

Procedural Posture

Civil (contract) / Summary Judgment Application and Interlocutory Application for Condonation

Legal Issues

  1. 1 Whether the plaintiff complied with Rule 32(9) and (10) before launching the summary judgment application
  2. 2 Whether the plaintiff complied with Rule 32(9) and (10) before launching the application for condonation
  3. 3 Consequences of non-compliance with Rule 32(9) and (10)

Ratio Decidendi

There was no genuine or proper compliance with Rule 32(9) and (10) before the applications for summary judgment and condonation were lodged; non-compliance with these peremptory rules is fatal and renders the applications improperly before the court.

Court Disposition

Application for summary judgment struck from the roll for non-compliance with Rule 32(9) and (10); plaintiff to pay costs.

Orders

  • The application for summary judgment is struck from the roll for non-compliance with Rule 32(9) and (10).
  • The plaintiff is ordered to pay the costs of this application.