Government of the Republic of Namibia v Riruako (3722 of 2014) [2016] NAHCMD 40 (16 February 2016)

REPUBLIC OF NAMIBIA NOT REPORTABLE HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT In the matter between: Case no: I 3722/2014 THE GOVERNMENT OF THE REPUBLIC OF NAMIBIA PLAINTIFF And MBUZE RIRUAKO DEFENDANT Neutral citation: The Government of the Republic of Namibia v Riruako (I 3722/2014] [2016] NAHCMD 40 (16 February 2016) Coram: Heard: MILLER AJ 16 February 2016 Delivered: 16 February 2016 (Ex tempore) ORDER I make the following order: 1. The application for summary judgment is refused. 2. The defendant is granted leave to defend. 3. Costs to be costs in the cause. JUDGMENT MILLER AJ: [1] In this matter the Plaintiff seeks the eviction of the Defendant from certain premises occupied within a communal area. A notice of intention to defend was filed and subsequently the plaintiff applied for summary judgment. It is that Application which is presently before me. [2] It has been held in numerous decisions that Summary Judgment is a drastic procedure since it closes the door of the court to a litigant. All that the defendant in this matter is supposed to do is to file an Affidavit which will fully disclose the nature of the defense and the material facts relied upon therefore as provided for in Rule 16(5)(b) of the Rules of Court. [3] On the papers before me, the Defendant raises disputed fact which can in my view only be resolved at trial. The facts relied upon cannot be described by me on the papers before me as without substance and not raising a bona fide defense. [4] I will in the circumstances refuse the application for summary judgment and grant the defendant leave to defend the action. [5] As far as cost are concerned, I am of the view that there is no reason why the normal cost order should not be followed and that is costs, shall be costs in the course. [7] Order 1. The application for the summary judgment is refused. 2. The defendant is granted leave to defend. 3. Costs, to be costs in the cause. ______________ Miller, AJ Acting Appearance: Plaintiff Of Defendant Of Mr Kashindi Government Attorneys N Tjombe Tjombe-Elago Law Firm Appearance: Plaintiff Instructed by Defendant Of Y Campbell MB De Klerk & Associates, Windhoek KN Amoomo Sisa Namandje & Co, Windhoek