CIVIL PRACTICE – REQUIREMENTS TO BE MET IN AN APPLICATION FOR SUMMARY JUDGMENT

CIVIL PRACTICE – REQUIREMENTS TO BE MET IN AN APPLICATION FOR SUMMARY JUDGMENT

In this matter, the High court sitting at Oshakati had to consider an application for summary judgment emanating from an alleged breach of a sale agreement.  The parties entered into an agreement for the sale of a motor vehicle. The plaintiff claimed that she paid the amount as agreed by the parties, but the defendants failed to deliver the motor vehicle and, that they failed to refund her the amount paid. The defendants on the other hand claimed that they delivered the motor vehicle to the . . .

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