Gabrielsen v Coertzen (3062 of 2009) [2011] NAHC 182 (29 June 2011)

Gabrielsen v Coertzen (3062 of 2009) [2011] NAHC 182 (29 June 2011)

The court exercised its discretion to allow the supplementary affidavit because the defendant disclosed a bona fide defence, was not seeking delay, and denying the application would cause injustice given the extraordinary nature of summary judgment.

Citation
[2011] NAHC 182
Parties
Plaintiff: Johannes Hermanus Gabrielsen; Defendant: Len Coertzen
Court
High Court
Jurisdiction
Namibia
Judgment Date
29 June 2011
Case Number
3062 of 2009
Procedural Posture
Civil / Interlocutory Application for Leave to File Supplementary Opposing Affidavit in Summary Judgment Proceedings
Outcome
application granted
Legal Topics
Summary Judgment, Supplementary Affidavits, Court Discretion, Fair Trial
Source Language
English
Civil Procedure Summary Judgment Supplementary Affidavits Court Discretion Fair Trial

Case Brief

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Parties

Johannes Hermanus Gabrielsen

Plaintiff

Len Coertzen

Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to File Supplementary Opposing Affidavit in Summary Judgment Proceedings

Legal Issues

  1. 1 Whether the defendant should be granted leave to file a supplementary opposing affidavit in summary judgment proceedings

Ratio Decidendi

The court exercised its discretion to allow the supplementary affidavit because the defendant disclosed a bona fide defence, was not seeking delay, and denying the application would cause injustice given the extraordinary nature of summary judgment.

Court Disposition

application granted

Orders

  • The defendant is granted leave to file the supplementary affidavit.
  • Costs are to be costs in the cause.