CIVIL PRACTICE – SUMMARY JUDGMENT – RULE 60 OF THE HIGH COURT RULES – CONSIDERATIONS TAKEN INTO ACCOUNT IN GRANTING SUMMARY JUDGMENT – WHETHER A PRAYER FOR RECTIFICATION RENDERS PARTICULARS OF CLAIM EXCIPIABLE IN SUMMARY JUDGMENT APPLICATIONS. Development Bank of Namibia v Kumwe Professional Services and Products CC NAHCMD (7 November 2023)

The plaintiff instituted an action against the defendants jointly and severally for payment of N$4 746 713,96, interest, and costs. The plaintiff further sought orders declaring certain immovable property specially executable in terms of rule 108. The defendants defended the claim, culminating in the plaintiff moving a summary judgment application against them. It would appear that at some stage, the first defendant, Kumwe Professional Services and Products CC, was converted from a close corporation to a limited liability company, cited as the fourth defendant, namely, Kumwe Professional Services and Products (Pty) Ltd. In addition to the relief stated . . .

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