Northern Fuel Distributors CC v Marina Toyota CC and Another (HC-MD-CIV-ACT-CON- 1714 of 2021) [2021] NAHCMD 520 (8 November 2021)

Northern Fuel Distributors CC v Marina Toyota CC and Another (HC-MD-CIV-ACT-CON- 1714 of 2021) [2021] NAHCMD 520 (8 November 2021)

The deponent for the plaintiff failed to comply with Rule 60(2)(a) as they could not personally verify the deliveries or the amount claimed; the amount is not ascertainable without evidence, thus summary judgment is refused.

Citation
[2021] NAHCMD 520
Parties
Plaintiff: Northern Fuel Distributors CC; Defendant: Marina Toyota CC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
8 November 2021
Case Number
HC-MD-CIV-ACT-CON- 1714 of 2021
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment application dismissed
Legal Topics
Summary Judgment, Liquidated Claims, Credit Agreement, Suretyship
Source Language
English
Civil Procedure Contract Law Summary Judgment Liquidated Claims Credit Agreement Suretyship

Case Brief

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Parties

Northern Fuel Distributors CC

Plaintiff

Marina Toyota CC

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the deponent to the summary judgment application complied with Rule 60(2)(a)
  2. 2 Whether the plaintiff's claim is for a liquidated amount ascertainable by mere calculation
  3. 3 Whether the supporting affidavit for summary judgment sufficiently verifies the cause of action and amount claimed

Ratio Decidendi

The deponent for the plaintiff failed to comply with Rule 60(2)(a) as they could not personally verify the deliveries or the amount claimed; the amount is not ascertainable without evidence, thus summary judgment is refused.

Court Disposition

summary judgment application dismissed

Orders

  • The Summary Judgment application is dismissed.
  • Costs shall be costs in the cause.