USIKU, J:

[1]        The claim does not fall within the category of a liquidated amount of money, in the sense that the value of the motor vehicle and therefore its price, can be ascertained promptly or that the amount in issue is a mere matter of calculation.  To determine the value or price of a motor vehicle, an enquiry has to be made into the cost of the relevant motor vehicle on the market.      

[2]        For the aforegoing reasons, the Plaintiff has failed to bring his claim within the ambit of Rule 60 (1) and is therefore, not entitled to a summary judgment.

[3]        In the circumstances, it is unnecessary to deal with the further arguments raised by counsel at the hearing of the matter.

_____________

B Usiku

Judge

APPEARANCES:

FOR THE PLAINTIFF:                        B Cupido

                                                            of Isaacks and Associates Inc., Windhoek  

FOR THE DEFENDANT:                     N Ngula        

                                                            of  Government Attorneys, Windhoek