Lee and Another v Tobias and Another (413 of 2016) [2017] NAHCMD 204 (31 July 2017)

The first defendant raised a defence, albeit lacking in detail, that may be sustainable at trial; therefore, summary judgment is not appropriate.

Citation: [2017] NAHCMD 204
Parties: 1st Plaintiff: Cheng-Yuan Lee; 2nd Plaintiff: Lee's Investments (Pty) Ltd; 1st Defendant: Kestodia Lialukeni Tobias; 2nd Defendant: Divine Realtors CC
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 31 July 2017
Case Number: 413 of 2016
Procedural Posture: Civil Action Contract / Summary Judgment Application Ruling
Outcome: Application for summary judgment dismissed; first defendant granted leave to defend.
Legal Topics: Summary Judgment, Acknowledgement of Debt, Stamp Duties, Undue Influence
Source Language: English

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Cheng-Yuan Lee

1st Plaintiff

Lee's Investments (Pty) Ltd

2nd Plaintiff

Kestodia Lialukeni Tobias

1st Defendant

Divine Realtors CC

2nd Defendant

Civil Action Contract / Summary Judgment Application Ruling

1 Whether summary judgment should be granted against the first defendant for N$ 700,000.00 based on an acknowledgement of debt
2 Whether the lack of stamp duty invalidates the document
3 Whether the first defendant has raised a triable defence

The first defendant raised a defence, albeit lacking in detail, that may be sustainable at trial; therefore, summary judgment is not appropriate.

Application for summary judgment dismissed; first defendant granted leave to defend.