PBD Boeredienste (Pty) Ltd Greenlands Fertilizers v Mcloud (2377 of 2010) [2010] NAHC 126 (1 October 2010)

PBD Boeredienste (Pty) Ltd Greenlands Fertilizers v Mcloud (2377 of 2010) [2010] NAHC 126 (1 October 2010)

The court found that the defendant should be granted leave to defend and that summary judgment was not appropriate at this stage.

Source-derived case information.

Citation
[2010] NAHC 126
Parties
Applicant/plaintiff: PBD Boeredienste (Pty) Ltd t/a Greenlands Fertilizers; Respondent/defendant: Marco McLoud
Court
High Court
Jurisdiction
Namibia
Judgment Date
1 October 2010
Case Number
2377 of 2010
Procedural Posture
Civil / Summary Judgment Application
Outcome
application for summary judgment refused; leave to defend granted
Legal Topics
Summary Judgment, Leave to Defend, Costs
Source Language
english
Civil Procedure Summary Judgment Leave to Defend Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

PBD Boeredienste (Pty) Ltd t/a Greenlands Fertilizers

Applicant/plaintiff

Marco McLoud

Respondent/defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment
  2. 2 Whether the defendant has a bona fide defence

Ratio Decidendi

The court found that the defendant should be granted leave to defend and that summary judgment was not appropriate at this stage.

Court Disposition

application for summary judgment refused; leave to defend granted

Orders

  • The application for summary judgment is refused.
  • The costs of the application stand over for determination at the trial.