Absolute Logistics (Pty) Ltd v Elite Security Services CC (1497 of 2008) [2011] NAHC 82 (17 March 2011)

Absolute Logistics (Pty) Ltd v Elite Security Services CC (1497 of 2008) [2011] NAHC 82 (17 March 2011)

The plaintiff proved on a preponderance of probabilities that the defendant breached its contractual obligation to provide security services, resulting in the loss of the cable drums during the period the defendant's guards were on duty. This breach was material and caused the plaintiff's damages. The defendant is liable in contract.

Citation
[2011] NAHC 82
Parties
Plaintiff: Absolute Logistics (Pty) Ltd; Defendant: Elite Security Services CC
Court
High Court
Jurisdiction
Namibia
Judgment Date
17 March 2011
Case Number
1497 of 2008
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Negligence, Damages
Source Language
English
Contract Law Delict Breach of Contract Negligence Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Absolute Logistics (Pty) Ltd

Plaintiff

Elite Security Services CC

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant breached the contract for security services resulting in loss to the plaintiff
  2. 2 Whether the defendant is liable in delict for negligence of its employees

Ratio Decidendi

The plaintiff proved on a preponderance of probabilities that the defendant breached its contractual obligation to provide security services, resulting in the loss of the cable drums during the period the defendant's guards were on duty. This breach was material and caused the plaintiff's damages. The defendant is liable in contract.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment for the plaintiff in the amount of N$53,589.50 plus interest at 20% per annum from 13 May 2008
  • Defendant to pay the plaintiff's costs