Namibia Case Law

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)

Court

High Court

Case number

359 of 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.

Source excerpt

• Summary judgment
• Simple summons
• Mortgage bond enforcement
• Particularity of pleadings
• Interest calculation
• Executability of property

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Namibia Beverages v Amupolo (2450 of 1997)

Namibia Beverages v Amupolo (2450 of 1997) [1999] NAHC 9 (13 August 1999)

Court

High Court

Case number

2450 of 1997

The High Court held that the promotional credit was 15 cents per bottle, upheld the supplier’s claim for the invoice balance, and dismissed the retailer’s counterclaim.

• Particularity of pleadings
• Parol evidence rule
• Rectification of contract
• Credit agreements
• Promotional agreements
• Parol-evidence-rule

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