Nored Electricity (Pty) Limited v Ouster (3670 of 2014) [2015] NAHCMD 178 (8 March 2015)
The defendant's affidavit failed to disclose a bona fide defence with reasonable prospects of success, and the amount claimed is a liquidated sum as it is precisely quantified and ascertainable; therefore, summary judgment is granted.
- Citation
- [2015] NAHCMD 178
- Parties
- Applicant/plaintiff: Nored Electricity (Pty) Limited; Respondent/defendant: Nakadilo Jim Ouster
- Court
- High Court Main Division
- Jurisdiction
- Namibia
- Judgment Date
- 8 March 2015
- Case Number
- 3670 of 2014
- Procedural Posture
- Civil / Summary Judgment Application
- Outcome
- summary judgment granted for the plaintiff
- Legal Topics
- Summary Judgment, Liquidated Damages, Fraudulent Misrepresentation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Nored Electricity (Pty) Limited
Applicant/plaintiff
Nakadilo Jim Ouster
Respondent/defendant
Procedural Posture
Civil / Summary Judgment Application
Legal Issues
- 1 Whether the defendant's affidavit discloses a bona fide defence to summary judgment
- 2 Whether the claim for damages constitutes a liquidated amount for purposes of summary judgment
Ratio Decidendi
The defendant's affidavit failed to disclose a bona fide defence with reasonable prospects of success, and the amount claimed is a liquidated sum as it is precisely quantified and ascertainable; therefore, summary judgment is granted.
Court Disposition
summary judgment granted for the plaintiff
Orders
- Payment of N$ 996,631.40
- Payment of interest at 20% per annum from date of judgment to date of final payment
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