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