V5 Farming Boerdery CC v Mount Karas CC (HC-MD-CIV-ACT-CON- 1888 of 2020) [2021] NAHCMD 167 (19 April 2021)

Summary judgment cannot be granted against a non-existent entity and amendments to pleadings cannot be considered during summary judgment proceedings.

Citation: [2021] NAHCMD 167
Parties: Plaintiff: V5 Farming Boerdery CC; Defendant: Mount Karas CC
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 19 April 2021
Case Number: HC-MD-CIV-ACT-CON- 1888 of 2020
Procedural Posture: Civil / Summary Judgment Application
Outcome: application for summary judgment refused
Legal Topics: Summary Judgment, Amendment of Pleadings, Non Existent Legal Entity
Source Language: English

Civil Procedure Summary Judgment Amendment of Pleadings Non Existent Legal Entity

Case Brief

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Parties

V5 Farming Boerdery CC

Plaintiff

Mount Karas CC

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

1 Whether summary judgment can be granted against a non-existent entity
2 Whether amendments to pleadings can be considered during summary judgment proceedings

Ratio Decidendi

Summary judgment cannot be granted against a non-existent entity and amendments to pleadings cannot be considered during summary judgment proceedings.

Court Disposition

application for summary judgment refused

Orders

Application for summary judgment is refused.
No order as to costs.