CIVIL PRACTICE – APPEAL – ENFORCEABILITY OF FOREIGN DEFAULT JUDGMENT; REAL FACTS IN DISPUTE; POWER OF JUDICIAL OFFICER TO MERO MOTU MAKE FINDINGS; RAISING NEW POINTS ON APPEAL

CIVIL PRACTICE – APPEAL - ENFORCEABILITY OF FOREIGN DEFAULT JUDGMENT; REAL FACTS IN DISPUTE; POWER OF JUDICIAL OFFICER TO MERO MOTU MAKE FINDINGS; RAISING NEW POINTS ON APPEAL

In an application that sought an order declaring a default judgment granted against the respondents in a foreign court (a Dutch court) enforceable and executable against the respondents in Namibia, the court a quo dismissed the application on the basis of two points raised in limine by the respondents.

HOFF JA (MAINGA JA and LIEBENBERG AJA concurring) considered the appeal and held that:

1. The . . .
   

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