Dobberstein and Another v Du Toit (4 of 2012) [2012] NAHC 262 (15 October 2012)

Dobberstein and Another v Du Toit (4 of 2012) [2012] NAHC 262 (15 October 2012)

The appellants failed to provide sufficient material facts to support their defences of payment and undue delay in transfer. Their allegations were either unsupported by evidence or too vague to constitute a bona fide defence. The magistrate did not err in granting summary judgment.

Citation
[2012] NAHC 262
Parties
First Appellant: Horst Dieter Dobberstein; Second Appellant: Gert Jacobus Boltman; Respondent: Edward Johannes Du Toit
Court
High Court
Jurisdiction
Namibia
Judgment Date
15 October 2012
Case Number
4 of 2012
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed with costs
Legal Topics
Summary Judgment, Bona Fide Defence, Occupational Rent, Burden of Proof
Source Language
English
Civil Procedure Contract Law Summary Judgment Bona Fide Defence Occupational Rent Burden of Proof

Case Brief

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Parties

Horst Dieter Dobberstein

First Appellant

Gert Jacobus Boltman

Second Appellant

Edward Johannes Du Toit

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the appellants raised a bona fide defence to the claim for occupational rent to resist summary judgment
  2. 2 Whether the magistrate erred in granting summary judgment in the absence of detailed supporting facts for the alleged defences

Ratio Decidendi

The appellants failed to provide sufficient material facts to support their defences of payment and undue delay in transfer. Their allegations were either unsupported by evidence or too vague to constitute a bona fide defence. The magistrate did not err in granting summary judgment.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal against the order of the magistrate in granting summary judgment is dismissed with costs.