Radial Truss Industries (Pty) Ltd v Aquatan (Pty) Ltd (SA 11 of 2017) [2019] NASC 6 (10 April 2019)

Radial Truss Industries (Pty) Ltd v Aquatan (Pty) Ltd (SA 11 of 2017) [2019] NASC 6 (10 April 2019)

The appellant's opposing affidavit failed to fully disclose the nature and grounds of its defence or provide material facts as required by rule 60(5). The defence was vague, unsupported by evidence, and contradicted by the respondent's documentation. The High Court correctly confined the appellant to its affidavit and exercised its discretion to grant summary judgment.

Citation
[2019] NASC 6
Parties
Appellant: Radial Truss Industries (Pty) Ltd; Respondent: Aquatan (Pty) Ltd
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
10 April 2019
Case Number
SA 11 of 2017
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
appeal dismissed with costs
Legal Topics
Summary Judgment, Bona Fide Defence, Pleadings, Exceptio Non Adimpleti Contractus
Source Language
English
Civil Procedure Contract Law Summary Judgment Bona Fide Defence Pleadings Exceptio Non Adimpleti Contractus

Case Brief

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Parties

Radial Truss Industries (Pty) Ltd

Appellant

Aquatan (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the appellant met the requirements of rule 60(5) to resist summary judgment by fully disclosing the nature and grounds of its defence and the material facts relied upon.

Ratio Decidendi

The appellant's opposing affidavit failed to fully disclose the nature and grounds of its defence or provide material facts as required by rule 60(5). The defence was vague, unsupported by evidence, and contradicted by the respondent's documentation. The High Court correctly confined the appellant to its affidavit and exercised its discretion to grant summary judgment.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs, including the costs of one instructing and one instructed counsel.