Lofty-eaton and Another v Ramos (1386 of 2013) [2013] NAHCMD 322 (8 November 2013)

Lofty-eaton and Another v Ramos (1386 of 2013) [2013] NAHCMD 322 (8 November 2013)

The respondent failed to file a valid opposing affidavit and did not disclose a bona fide defence; the opposition was a dilatory tactic to frustrate the applicants' valid claim. Summary judgment was therefore granted as prayed.

Citation
[2013] NAHCMD 322
Parties
Plaintiff: Quintin Rowland Lofty-Eaton; Plaintiff: Claudia Patricia Gomes Ramos; Defendant: Grant Brandon Noble
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
8 November 2013
Case Number
1386 of 2013
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for applicants
Legal Topics
Summary Judgment, Ejectment, Arrear Rent, Affidavit Requirements
Source Language
English
Civil Procedure Property Law Summary Judgment Ejectment Arrear Rent Affidavit Requirements

Case Brief

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Parties

Quintin Rowland Lofty-Eaton

Plaintiff

Claudia Patricia Gomes Ramos

Plaintiff

Grant Brandon Noble

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the respondent's notice of opposition and affidavit complied with legal requirements
  2. 2 Whether summary judgment should be granted in the absence of a bona fide defence

Ratio Decidendi

The respondent failed to file a valid opposing affidavit and did not disclose a bona fide defence; the opposition was a dilatory tactic to frustrate the applicants' valid claim. Summary judgment was therefore granted as prayed.

Court Disposition

summary judgment granted for applicants

Orders

  • Respondent is ejected from Erf 3543, Walvis Bay, Republic of Namibia.
  • Respondent shall pay the amount of N$45,000.00.