South African Sugar Association v Namibia Sugar Distributors (Pty) Ltd (1) ([P] I 989 of 1998) [1999] NAHC 3 (15 June 1999)

South African Sugar Association v Namibia Sugar Distributors (Pty) Ltd (1) ([P] I 989 of 1998) [1999] NAHC 3 (15 June 1999)

The court held that the invoices and bank statements are relevant for reconciling sales and verifying the respondent's compliance with the contract, and that the applicant is entitled to their inspection to discover the truth. The respondent misconceived the test for relevance, and full discovery is warranted.

Citation
[1999] NAHC 3
Parties
Applicant: The South African Sugar Association; Respondent: Namibia Sugar Distributors (Pty) Ltd
Court
High Court
Jurisdiction
Namibia
Judgment Date
15 June 1999
Case Number
[P] I 989 of 1998
Procedural Posture
Interlocutory Application / Ruling on Application to Compel Discovery
Outcome
application granted in substantial part
Legal Topics
Discovery, Inspection of Documents, Relevancy of Evidence
Source Language
English
Civil Procedure Discovery Inspection of Documents Relevancy of Evidence

Case Brief

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Parties

The South African Sugar Association

Applicant

Namibia Sugar Distributors (Pty) Ltd

Respondent

Procedural Posture

Interlocutory Application / Ruling on Application to Compel Discovery

Legal Issues

  1. 1 Whether the respondent should be compelled to produce invoices, statements, export documents, and bank statements for inspection under Rule 35(3) and (7) of the High Court Rules.
  2. 2 Whether the documents sought are relevant to the issues in the main action.

Ratio Decidendi

The court held that the invoices and bank statements are relevant for reconciling sales and verifying the respondent's compliance with the contract, and that the applicant is entitled to their inspection to discover the truth. The respondent misconceived the test for relevance, and full discovery is warranted.

Court Disposition

application granted in substantial part

Orders

  • The respondent is directed to make available for inspection all invoices and statements in its possession relating to the sale of sugar or industrial fondant by the respondent, Terra Trading (Pty) Ltd, or Namibia Sugar Packers (Pty) Ltd, on credit for the period December 1995 to 16th May 1997.
  • The respondent is directed to make available for inspection all of its bank statements and deposit slips for the period December 1995 to July 1997 in respect of all its bank accounts.