Government of the Republic of Namibia v Riruako (3722 of 2014) [2016] NAHCMD 40 (16 February 2016)


R

NOT REPORTABLE

EPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

JUDGMENT


In the matter between: Case no: I 3722/2014


THE GOVERNMENT OF THE REPUBLIC OF NAMIBIA PLAINTIFF



And


MBUZE RIRUAKO DEFENDANT



Neutral citation: The Government of the Republic of Namibia v Riruako (I 3722/2014] [2016] NAHCMD 40 (16 February 2016)


Coram: MILLER AJ

Heard: 16 February 2016

Delivered: 16 February 2016 (Ex tempore)



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ORDER

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I make the following order:

  1. The application for summary judgment is refused.

  2. The defendant is granted leave to defend.

  3. Costs to be costs in the cause.

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JUDGMENT

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MILLER AJ:

[1] In this matter the Plaintiff seeks the eviction of the Defendant from certain premises occupied within a communal area. A notice of intention to defend was filed and subsequently the plaintiff applied for summary judgment. It is that Application which is presently before me.

[2] It has been held in numerous decisions that Summary Judgment is a drastic procedure since it closes the door of the court to a litigant. All that the defendant in this matter is supposed to do is to file an Affidavit which will fully disclose the nature of the defense and the material facts relied upon therefore as provided for in Rule 16(5)(b) of the Rules of Court.

[3] On the papers before me, the Defendant raises disputed fact which can in my view only be resolved at trial. The facts relied upon cannot be described by me on the papers before me as without substance and not raising a bona fide defense.

[4] I will in the circumstances refuse the application for summary judgment and grant the defendant leave to defend the action.

[5] As far as cost are concerned, I am of the view that there is no reason why the normal cost order should not be followed and that is costs, shall be costs in the course.

[7] Order

  1. The application for the summary judgment is refused.

  2. The defendant is granted leave to defend.

  3. Costs, to be costs in the cause.





______________

Miller, AJ

Acting











Appearance:



Plaintiff Mr Kashindi

Of Government Attorneys



Defendant N Tjombe

Of Tjombe-Elago Law Firm





















Appearance:



Plaintiff Y Campbell

Instructed by MB De Klerk & Associates, Windhoek



Defendant KN Amoomo

Of Sisa Namandje & Co, Windhoek









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