Namibia Airports Company Ltd v Conradie (887 of 2007) [2007] NAHC 42 (8 June 2007)

Namibia Airports Company Ltd v Conradie (887 of 2007) [2007] NAHC 42 (8 June 2007)

The application for summary judgment is refused because the plaintiff’s claim and pleadings are not clear and technically correct, the defendant has raised a bona fide defence by exception, and the court is not satisfied that the plaintiff’s case is unanswerable.

Citation
[2007] NAHC 42
Parties
Plaintiff: Namibia Airports Company Limited; Defendant: Dirk H Conradie
Court
High Court
Jurisdiction
Namibia
Judgment Date
8 June 2007
Case Number
887 of 2007
Procedural Posture
Civil / Summary Judgment Application
Outcome
Application for summary judgment refused with costs.
Legal Topics
Summary Judgment, Condictio Indebiti, Condictio Sine Causa, Taxation of Costs, Exception Procedure
Source Language
English
Civil Procedure Summary Judgment Condictio Indebiti Condictio Sine Causa Taxation of Costs Exception Procedure

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Parties

Namibia Airports Company Limited

Plaintiff

Dirk H Conradie

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff's claim and pleadings are clear and technically correct for summary judgment
  2. 2 Whether the defendant has raised a bona fide defence to the summary judgment application
  3. 3 Whether the court should exercise its discretion to refuse summary judgment

Ratio Decidendi

The application for summary judgment is refused because the plaintiff’s claim and pleadings are not clear and technically correct, the defendant has raised a bona fide defence by exception, and the court is not satisfied that the plaintiff’s case is unanswerable.

Court Disposition

Application for summary judgment refused with costs.

Orders

  • The application for summary judgment is refused with costs.