REPUBLIC OF NAMIBIA
HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK
JUDGMENT
CASE NO: I 220/2013
IN THE HIGH COURT OF NAMIBIA
In the matter between:
STUCOS BUILDERS AND CEMENT SUPPLIERS CC FIRST PLAINTIFF
ERNEST STUURMAN SECOND PLAINTIFF
and
LUBBE’S AUTO CENTRE CC DEFENDANT
Neutral citation: Stucos Builders and Cement Suppliers CC v Lubbe’s Auto Centre CC (I 220-2013) [2013] NAHCMD 118 [30 April 2013]
Coram: UNENGU, AJ
Heard: 30 April 2013
Delivered: 30 April 2013
ORDER
Therefore, I make the following order:
1. The application for summary judgment is dismissed.
2. The respondent/defendant is granted leave to defend the main action.
3. Costs are costs in the main action.
RULING (EX TEMPORE)
UNENGU, AJ [1] The applicant/plaintiff, by way of notice, has applied for summary judgment in the amount of N$284 256.15 for outstanding settlement fees, interest at a rate of 20% per annum a tempore morae and costs of the suit.
[2] The respondent/defendant is opposing the application and sets out the material facts and grounds of his defence in his affidavit and avers that these facts disclose a bona fide defence to the claim of the applicant and that he is not opposing the claim merely to delay the claim.
[3] Having read the documents filed of record and after considering written submissions, duly amplified by oral arguments by both counsel, I am of the view that the material facts, contained in the respondent/defendant’s affidavit are reasonable full to persuade the court, if proven at the trial, to constitute a defence to the applicant/plaintiff’s claim.
[4] Therefore, I make the following order:
1. The application for summary judgment is dismissed.
2. The respondent/defendant is granted leave to defend the main action.
3. Costs are costs in the main action.
_______________________
E P Unengu
Acting Judge
APPEARANCES
PLAINTIFF: Mr M Kwala
Of Kwala and Company Incorporated: Windhoek
DEFENDANTS: Mr TM Wylie
Instructed by Theunissen, Louw & Partners: Windhoek