Dausab v Minister of Safety and Security (Ruling) (HC-MD-CIV-ACT-OTH 2170 of 2017) [2018] NAHCMD 92 (6 March 2018)

Dausab v Minister of Safety and Security (Ruling) (HC-MD-CIV-ACT-OTH 2170 of 2017) [2018] NAHCMD 92 (6 March 2018)

The claim does not fall within the category of a liquidated amount of money as the value of the motor vehicle requires market enquiry; therefore, summary judgment is refused.

Citation
[2018] NAHCMD 92
Parties
Plaintiff: Erich Dausab; Defendant: Minister of Safety and Security
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
6 March 2018
Case Number
HC-MD-CIV-ACT-OTH 2170 of 2017
Procedural Posture
Civil Action / Ruling on Summary Judgment Application
Outcome
Summary judgment refused; Defendant granted leave to defend; Plaintiff ordered to pay Defendant's costs; action stayed until costs paid; matter postponed for status hearing.
Legal Topics
Summary Judgment, Liquidated Claims, Costs
Source Language
English
Civil Procedure Summary Judgment Liquidated Claims Costs

Case Brief

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Parties

Erich Dausab

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Action / Ruling on Summary Judgment Application

Legal Issues

  1. 1 Whether the claim qualifies as a liquidated amount under Rule 60(1)
  2. 2 Entitlement to summary judgment

Ratio Decidendi

The claim does not fall within the category of a liquidated amount of money as the value of the motor vehicle requires market enquiry; therefore, summary judgment is refused.

Court Disposition

Summary judgment refused; Defendant granted leave to defend; Plaintiff ordered to pay Defendant's costs; action stayed until costs paid; matter postponed for status hearing.

Orders

  • Late filing of Defendant’s heads of argument condoned.
  • Summary judgment refused.