CIVIL PRACTICE – SUMMARY JUDGMENT – POINT OF LAW IN LIMINE OF DEFECTIVE AFFIDAVIT IN SUPPORT OF SUMMARY JUDGMENT LEGISLATION – THE JUSTICE OF THE PEACE AND COMMISSIONERS OF OATHS ACT, (NO. 16 OF 1963) – EFFECT OF FAILURE TO INCLUDE DATE OF DEPOSITION BY COMMISSIONER OF OATHS. Nedbank Namibia Limited v Van Rooi NAHCMD (5 October 2023)

The applicant, on 18 June 2012, lent and advanced an amount of N$1 740 000, in respect of a housing loan to the respondents. A second agreement, referred to as a re-advance, was entered into inter partes, namely, on 17 October 2017, for a loan of N$ 113,716. It is alleged by the applicant that the respondents have fallen into arrears in the repayment of the two loans. As a result of not keeping their end of the bargain, the applicant issued a combined summons for payment of the amount of N . . .

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