LA Properties Development cc t/a LA Properties cc v Jan Africa Properties cc (248 of 2016) [2017] NAHCMD 161 (9 June 2017)

The defendant failed to comply with court orders, did not provide a satisfactory explanation for non-compliance, and did not appear at the hearing. The application for condonation was inadequate. The court, therefore, granted summary judgment in favour of the plaintiff as empowered by rule 53.

Citation: [2017] NAHCMD 161
Parties: Plaintiff: L A Properties Development CC t/a L A Properties CC; Defendant: Jan Africa Properties CC
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 9 June 2017
Case Number: 248 of 2016
Procedural Posture: Civil / Summary Judgment Application
Outcome: Summary judgment granted for plaintiff
Legal Topics: Summary Judgment, Condonation, Non Compliance With Court Orders, Estate Agency Commission
Source Language: English

Civil Procedure Contract Law Summary Judgment Condonation Non Compliance With Court Orders Estate Agency Commission

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Parties

L A Properties Development CC t/a L A Properties CC

Plaintiff

Jan Africa Properties CC

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

1 Whether summary judgment should be granted against the defendant for failure to comply with court orders and non-appearance
2 Whether the defendant's application for condonation for late filing of opposing affidavit should be granted

Ratio Decidendi

Court Disposition

Summary judgment granted for plaintiff

Orders

Defendant’s affidavit resisting summary judgment struck out
Summary judgment entered for plaintiff in the amount of N$ 1,925,000 with interest at 20% per annum and costs of suit