F&T International (Pty) Ltd v Strauss (1) (1841 of 1996) [1996] NAHC 60 (12 September 1996)

The plaintiff is entitled to provisional sentence as the cheque constitutes a liquid document and the defendant failed to discharge the onus of showing a substantial probability of success in the principal case.

Citation: [1996] NAHC 60
Parties: Plaintiff: F & T International (Pty) Ltd; Defendant: D J Strauss
Court: High Court
Jurisdiction: Namibia
Judgment Date: 12 September 1996
Case Number: 1841 of 1996
Procedural Posture: Civil / Judgment on Provisional Sentence
Outcome: provisional sentence granted
Legal Topics: Provisional Sentence, Liquid Documents, Onus of Proof
Source Language: English

Civil Procedure Commercial Law Provisional Sentence Liquid Documents Onus of Proof

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

F & T International (Pty) Ltd

Plaintiff

D J Strauss

Defendant

Procedural Posture

Civil / Judgment on Provisional Sentence

Legal Issues

1 Whether the plaintiff is entitled to provisional sentence based on a liquid document
2 Whether the defendant has discharged the onus to show a substantial probability of success in the principal case

Ratio Decidendi

Court Disposition

provisional sentence granted

Orders

Provisional sentence granted in the sum of N$90,310 with interest at 20% per annum from 10th September, 1995 to date of payment.
Plaintiff awarded costs.