Northern Property One CC v Mulilo (HC-NLD-CIV-ACT-DEL 160 of 2018) [2019] NAHCNLD 66 (8 July 2019)

Northern Property One CC v Mulilo (HC-NLD-CIV-ACT-DEL 160 of 2018) [2019] NAHCNLD 66 (8 July 2019)

The defendant raised new material facts in dispute, making it inappropriate to resolve the matter on the papers; therefore, summary judgment was refused and the matter must proceed to trial.

Citation
[2019] NAHCNLD 66
Parties
Applicant: Northern Property One CC; Respondent: Mulilo
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
8 July 2019
Case Number
HC-NLD-CIV-ACT-DEL 160 of 2018
Procedural Posture
Civil Action (delict) / Summary Judgment Application
Outcome
application for summary judgment dismissed with costs
Legal Topics
Summary Judgment, Defence on the Merits
Source Language
English
Civil Procedure Summary Judgment Defence on the Merits

Case Brief

Summary, issues, holding and outcome

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Parties

Northern Property One CC

Applicant

Mulilo

Respondent

Procedural Posture

Civil Action (delict) / Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be granted where the defendant raises new material facts in dispute

Ratio Decidendi

The defendant raised new material facts in dispute, making it inappropriate to resolve the matter on the papers; therefore, summary judgment was refused and the matter must proceed to trial.

Court Disposition

application for summary judgment dismissed with costs

Orders

  • The application for summary judgment is dismissed with costs.
  • The matter must proceed in the normal cause.