Namibia Breweries Limited v Serrao (3131 of 2005) [2006] NAHC 37 (23 June 2006)

Namibia Breweries Limited v Serrao (3131 of 2005) [2006] NAHC 37 (23 June 2006)

The defendant disclosed sufficient material facts and grounds of defence; the plaintiff's claim is not unanswerable, and summary judgment is not warranted.

Citation
[2006] NAHC 37
Parties
Applicant: Namibia Breweries Limited; Respondent: Marina Nenza Serrao
Court
High Court
Jurisdiction
Namibia
Judgment Date
23 June 2006
Case Number
3131 of 2005
Procedural Posture
Civil / Summary Judgment Application
Outcome
Application for summary judgment dismissed; leave to defend granted.
Legal Topics
Summary Judgment, Liquidated Claims, Affidavit Requirements, Costs
Source Language
English
Civil Procedure Summary Judgment Liquidated Claims Affidavit Requirements Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Namibia Breweries Limited

Applicant

Marina Nenza Serrao

Respondent

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff's claim qualifies for summary judgment under Rule 32
  2. 2 Whether the defendant has disclosed a bona fide defence
  3. 3 Whether costs should be awarded on attorney and own client scale

Ratio Decidendi

The defendant disclosed sufficient material facts and grounds of defence; the plaintiff's claim is not unanswerable, and summary judgment is not warranted.

Court Disposition

Application for summary judgment dismissed; leave to defend granted.

Orders

  • Leave to defend the plaintiff's claim is granted.
  • Costs shall be costs in the cause.