Kamwi and Another v Gertze and Another (HC-MD-CIV-ACT-CON- 2706 of 2021) [2021] NAHCMD 572 (7 December 2021)

Kamwi and Another v Gertze and Another (HC-MD-CIV-ACT-CON- 2706 of 2021) [2021] NAHCMD 572 (7 December 2021)

Respondents failed to disclose any bona fide or triable defence to the claim for the outstanding deposit, did not dispute the agreement, transfer, or payments, and only raised meritless technical points; summary judgment is appropriate.

Citation
[2021] NAHCMD 572
Parties
Applicant: Beven Liswani Kamwi; Applicant: Another (spouse of Beven Liswani Kamwi); Respondent: Harold Rotnie Gertze; Respondent: Another (spouse of Harold Rotnie Gertze)
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
7 December 2021
Case Number
HC-MD-CIV-ACT-CON- 2706 of 2021
Procedural Posture
Civil (contract, Summary Judgment) / Summary Judgment Application, Opposed, Determined
Outcome
summary judgment granted for applicants
Legal Topics
Summary Judgment, Sale of Immovable Property, Liquid Document, Costs, Joinder, Apportionment of Damages
Source Language
English
Contract Law Civil Procedure Summary Judgment Sale of Immovable Property Liquid Document Costs Joinder Apportionment of Damages

Case Brief

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Parties

Beven Liswani Kamwi

Applicant

Another (spouse of Beven Liswani Kamwi)

Applicant

Harold Rotnie Gertze

Respondent

Another (spouse of Harold Rotnie Gertze)

Respondent

Procedural Posture

Civil (contract, Summary Judgment) / Summary Judgment Application, Opposed, Determined

Legal Issues

  1. 1 Whether summary judgment should be granted for the outstanding deposit under a sale agreement for immovable property
  2. 2 Whether the respondents have disclosed a bona fide defence to the claim
  3. 3 Whether technical defects in the applicant's papers preclude summary judgment

Ratio Decidendi

Respondents failed to disclose any bona fide or triable defence to the claim for the outstanding deposit, did not dispute the agreement, transfer, or payments, and only raised meritless technical points; summary judgment is appropriate.

Court Disposition

summary judgment granted for applicants

Orders

  • Respondents to pay N$96,730.00 jointly and severally, the one paying the other to be absolved
  • Interest at 20% per annum a tempore morae from date of order to full payment