Namcor Petroleum Trading and Distribution (Pty) Ltd v Shared Advertising Close Corporation, t/a Shared Petroleum (HC-MD-CIV-ACT-CON- 4596 of 2021) [2022] NAHCMD 245 (16 May 2022)

Plaintiff's remedy is to execute the existing court order of 6 July 2020, not to issue fresh summons for the same cause of action; summary judgment is therefore refused.

Citation: [2022] NAHCMD 245
Parties: Plaintiff: Namcor Petroleum Trading and Distribution (PTY) Ltd; Defendant: Shared Advertising CC T/A Shared Petroleum
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 16 May 2022
Case Number: HC-MD-CIV-ACT-CON- 4596 of 2021
Procedural Posture: Civil / Summary Judgment Application
Outcome: summary judgment application dismissed
Legal Topics: Summary Judgment, Enforcement of Settlement Agreement, Costs
Source Language: English

Contract Law Civil Procedure Summary Judgment Enforcement of Settlement Agreement Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Namcor Petroleum Trading and Distribution (PTY) Ltd

Plaintiff

Shared Advertising CC T/A Shared Petroleum

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

1 Whether summary judgment should be granted where a prior court order exists for the same cause of action
2 Whether plaintiff's remedy lies in execution of the court order or fresh summons

Ratio Decidendi

Plaintiff's remedy is to execute the existing court order of 6 July 2020, not to issue fresh summons for the same cause of action; summary judgment is therefore refused.

Court Disposition

summary judgment application dismissed

Orders

The application for summary judgment is dismissed.
The plaintiff is ordered to pay the defendant’s costs, to include the costs of one instructing and one instructed counsel.