Kishi Shakumu & Co. Inc v Nisavic (HC-MD-CIV-ACT-CON 1784 of 2020) [2020] NAHCMD 450 (1 October 2020)

Kishi Shakumu & Co. Inc v Nisavic (HC-MD-CIV-ACT-CON 1784 of 2020) [2020] NAHCMD 450 (1 October 2020)

The plaintiff's claim is not capable of speedy ascertainment as it involves disputes regarding the existence and terms of the agreement and the quantum of fees, which require taxation; therefore, the claim does not fall within the ambit of rule 60 and summary judgment is refused.

Citation
[2020] NAHCMD 450
Parties
Plaintiff: Kishi Shakumu & Co Inc; Defendant: Perisa Nisavic
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
1 October 2020
Case Number
HC-MD-CIV-ACT-CON 1784 of 2020
Procedural Posture
Civil / Summary Judgment Application
Outcome
application for summary judgment refused
Legal Topics
Summary Judgment, Professional Fees, Liquidated Claims, Taxation of Legal Costs
Source Language
English
Contract Law Civil Procedure Summary Judgment Professional Fees Liquidated Claims Taxation of Legal Costs

Case Brief

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Parties

Kishi Shakumu & Co Inc

Plaintiff

Perisa Nisavic

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff's claim for professional fees constitutes a liquidated amount entitling it to summary judgment
  2. 2 Whether the defendant is entitled to taxation of the bill of costs before payment
  3. 3 Whether factual disputes regarding the existence and terms of the agreement preclude summary judgment

Ratio Decidendi

The plaintiff's claim is not capable of speedy ascertainment as it involves disputes regarding the existence and terms of the agreement and the quantum of fees, which require taxation; therefore, the claim does not fall within the ambit of rule 60 and summary judgment is refused.

Court Disposition

application for summary judgment refused

Orders

  • The application for summary judgment is refused.
  • The defendant is granted leave to defend the action.