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UEITELE J was faced with a stated case in terms of rule 63 that: the plaintiff and the defendant agreed that the defendant owes the plaintiff the amount of N$ 1 084 273,31 plus VAT on that amount. The parties were, however, in disagreement as to whether or not the plaintiff is entitled to interest on the amount of N$ 1 084 273,31 plus VAT (referred to as the ‘capital sum’). As result of their disagreement, the parties in terms of rule 63(9) requested the court to, as a matter of law to determine whether or not . . .

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