Development Bank Namibia Ltd v MC Bouer CC and Others (1312 of 2010) [2011] NAHC 12 (28 January 2011)

Development Bank Namibia Ltd v MC Bouer CC and Others (1312 of 2010) [2011] NAHC 12 (28 January 2011)

Applicant failed to demonstrate a direct and substantial interest, was not a member of the first defendant at material times, provided no proof of financial interest or losses, and has no locus standi; the application was an abuse of process and was dismissed with costs.

Citation
[2011] NAHC 12
Parties
Plaintiff/applicant: Development Bank of Namibia Ltd; 1st Defendant/respondent: MC Bouers CC; 2nd Defendant/respondent: Mark Collin Martin; 3rd Defendant/respondent: Elize Delphine Martin; Applicant (intervenor): Hewat Beukes
Court
High Court
Jurisdiction
Namibia
Judgment Date
28 January 2011
Case Number
1312 of 2010
Procedural Posture
Application for Intervention in Summary Judgment Proceedings / Ruling on Application for Intervention
Outcome
Application for intervention dismissed with costs
Legal Topics
Intervention, Summary Judgment, Locus Standi
Source Language
English
Civil Procedure Intervention Summary Judgment Locus Standi

Case Brief

Summary, issues, holding and outcome

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Parties

Development Bank of Namibia Ltd

Plaintiff/applicant

MC Bouers CC

1st Defendant/respondent

Mark Collin Martin

2nd Defendant/respondent

Elize Delphine Martin

3rd Defendant/respondent

Hewat Beukes

Applicant (intervenor)

Procedural Posture

Application for Intervention in Summary Judgment Proceedings / Ruling on Application for Intervention

Legal Issues

  1. 1 Whether the applicant has a direct and substantial interest to intervene as a defendant in the summary judgment application
  2. 2 Whether the application for intervention was properly made and supported by evidence

Ratio Decidendi

Applicant failed to demonstrate a direct and substantial interest, was not a member of the first defendant at material times, provided no proof of financial interest or losses, and has no locus standi; the application was an abuse of process and was dismissed with costs.

Court Disposition

Application for intervention dismissed with costs

Orders

  • Application for leave to intervene dismissed with costs, including costs of one instructing and one instructed counsel