Glober v Trustco Insurance Limited (HC-MD-CIV-ACT-CON 2922 of 2018) [2019] NAHCMD 115 (17 April 2019)
Summary judgment was refused because the defendant established bona fide defences under oath, the liquidity of the amount is subject to judicial deliberation, and the real issues require adjudication at trial.
- Citation
- [2019] NAHCMD 115
- Parties
- Plaintiff: Zacharias Johannes Glober; Defendant: Trustco Insurance Limited
- Court
- High Court Main Division
- Jurisdiction
- Namibia
- Judgment Date
- 17 April 2019
- Case Number
- HC-MD-CIV-ACT-CON 2922 of 2018
- Procedural Posture
- Civil Action (contract) / Summary Judgment Application
- Outcome
- summary judgment refused; leave to defend granted
- Legal Topics
- Summary Judgment, Leave to Defend, Liquidity of Claim, Separation of Issues
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Zacharias Johannes Glober
Plaintiff
Trustco Insurance Limited
Defendant
Procedural Posture
Civil Action (contract) / Summary Judgment Application
Legal Issues
- 1 Whether the plaintiff is entitled to summary judgment for the claimed amount
- 2 Whether the defendant has established bona fide defences to the claim
- 3 Whether the amount claimed is liquidated for purposes of summary judgment
Ratio Decidendi
Summary judgment was refused because the defendant established bona fide defences under oath, the liquidity of the amount is subject to judicial deliberation, and the real issues require adjudication at trial.
Court Disposition
summary judgment refused; leave to defend granted
Orders
- Plaintiff's application for summary judgment in the amount of N$151,499.63 is refused.
- Defendant has complied with Rule 60(5)(b)(ii).
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