Kwikform Formwork and Scaffolding (Pty) Ltd T/A Abacus Modular Space Solutions v Highgate Private School (Incorporated Association Not For Gain) (HC-MD-CIV-ACT-CON- 3208 of 2020) [2021] NAHCMD 28 (5 February 2021)

Kwikform Formwork and Scaffolding (Pty) Ltd T/A Abacus Modular Space Solutions v Highgate Private School (Incorporated Association Not For Gain) (HC-MD-CIV-ACT-CON- 3208 of 2020) [2021] NAHCMD 28 (5 February 2021)

The plaintiff's affidavit in support of summary judgment failed to provide particulars as to how the deponent acquired personal knowledge of the facts and did not properly verify the cause of action as required by Rule 60(2)(a). This defect is fatal to the application, and summary judgment must be refused regardless of the merits addressed by the respondent.

Citation
[2021] NAHCMD 28
Parties
Plaintiff: Kwikform Formwork and Scaffolding (Pty) Ltd T/A Abacus Modular Space Solutions; First Defendant: Highgate Private School (Incorporated Association Not For Gain); Second Defendant: Tariro Chata
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
5 February 2021
Case Number
HC-MD-CIV-ACT-CON- 3208 of 2020
Procedural Posture
Civil (contract) / Summary Judgment Application
Outcome
application for summary judgment dismissed
Legal Topics
Summary Judgment, Verification of Cause of Action, Affidavit Requirements, Eviction, Return of Goods
Source Language
English
Civil Procedure Contract Law Summary Judgment Verification of Cause of Action Affidavit Requirements Eviction Return of Goods

Case Brief

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Parties

Kwikform Formwork and Scaffolding (Pty) Ltd T/A Abacus Modular Space Solutions

Plaintiff

Highgate Private School (Incorporated Association Not For Gain)

First Defendant

Tariro Chata

Second Defendant

Procedural Posture

Civil (contract) / Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff's affidavit in support of summary judgment complies with Rule 60(2)(a)
  2. 2 Whether the plaintiff has verified the cause of action as required for summary judgment
  3. 3 Whether the defendants have disclosed a bona fide defence

Ratio Decidendi

The plaintiff's affidavit in support of summary judgment failed to provide particulars as to how the deponent acquired personal knowledge of the facts and did not properly verify the cause of action as required by Rule 60(2)(a). This defect is fatal to the application, and summary judgment must be refused regardless of the merits addressed by the respondent.

Court Disposition

application for summary judgment dismissed

Orders

  • The application for summary judgment is dismissed.
  • The plaintiff must pay the defendants’ costs.