Hailombe v Nashandi [2020] NAHCMD 329 (3 August 2020)

Hailombe v Nashandi [2020] NAHCMD 329 (3 August 2020)

The defendant, supported by affidavit, disclosed a bona fide defence that the plaintiff is not the true owner and that the defendant's occupation is lawful, thus satisfying the requirements to resist summary judgment. The application for summary judgment was therefore dismissed and leave to defend granted.

Citation
[2020] NAHCMD 329
Parties
Plaintiff: Ono Natangue Hailombe; Defendant: Phillip Oupapa Nashandi
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
3 August 2020
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment application dismissed; leave to defend granted
Legal Topics
Summary Judgment, Ownership of Immovable Property, Bona Fide Defence, Lawful Occupation
Source Language
English
Civil Procedure Property Law Summary Judgment Ownership of Immovable Property Bona Fide Defence Lawful Occupation

Case Brief

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Parties

Ono Natangue Hailombe

Plaintiff

Phillip Oupapa Nashandi

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff is the lawful owner of the property in question
  2. 2 Whether the defendant is in unlawful occupation of the property
  3. 3 Whether the defendant has raised a bona fide defence to the plaintiff's claim

Ratio Decidendi

The defendant, supported by affidavit, disclosed a bona fide defence that the plaintiff is not the true owner and that the defendant's occupation is lawful, thus satisfying the requirements to resist summary judgment. The application for summary judgment was therefore dismissed and leave to defend granted.

Court Disposition

summary judgment application dismissed; leave to defend granted

Orders

  • The plaintiff’s application for summary judgement is dismissed.
  • The defendant is granted leave to defend.