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Namibia Case Law

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Civil procedure [2015] NAHCMD 209

Rall v Professional Provident Society Insurance Company (Namibia) Ltd (2) (1153 of 2015)

Rall v Professional Provident Society Insurance Company (Namibia) Ltd (2) (1153 of 2015) [2015] NAHCMD 209 (9 September 2015)

High Court summary judgment produced partial relief on insurance interest claims, granting the admitted amount, refusing the disputed balance, and addressing costs and tender wording.

  • Summary judgment
  • Interest calculation
  • Offer of compromise vs unconditional tender
  • Costs
  • Long-term insurance benefits
  • Summary-judgment
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Civil procedure [1999] NAHC 15

South West African Building Society v Coetzee (359 of 1999)

South West African Building Society v Coetzee (359 of 1999) [1999] NAHC 15 (1 October 1999)

The plaintiff's simple summons set out the cause of action with sufficient particularity as required by the rules and established case law. The defendant's affidavit did not disclose a bona fide defence but merely raised a plea of lack of knowledge, which is insufficient to resist summary judgment. There was no indication of usurious interest or breach of the in duplum rule. The property was properly declared executable as security for the debt.

  • Summary judgment
  • Simple summons
  • Mortgage bond enforcement
  • Particularity of pleadings
  • Interest calculation
  • Executability of property
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Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.