Bank Windhoek Ltd v Guterres (1307 of 1999) [2000] NAHC 5 (28 January 2000)
The court found that the evidence presented by both parties was mutually destructive and that the plaintiff, bearing the onus, failed to prove on a balance of probabilities that its version was true and the defendant's false. Accordingly, the plaintiff's claim failed.
- Citation
- [2000] NAHC 5
- Parties
- Plaintiff: Bank Windhoek Ltd; Defendant: Mario Marine Guterres
- Court
- High Court
- Jurisdiction
- Namibia
- Judgment Date
- 28 January 2000
- Case Number
- 1307 of 1999
- Procedural Posture
- Civil / Judgment After Trial
- Outcome
- absolution from the instance
- Legal Topics
- Overdrafts, Cheque Clearance, Misrepresentation, Estoppel, Undue Enrichment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bank Windhoek Ltd
Plaintiff
Mario Marine Guterres
Defendant
Procedural Posture
Civil / Judgment After Trial
Legal Issues
- 1 Whether the defendant is liable to repay the plaintiff bank for monies withdrawn against uncleared foreign cheques that were subsequently dishonoured
- 2 Whether there was a contractual agreement making the defendant liable for repayment if cheques were dishonoured
- 3 Whether the plaintiff made a negligent misrepresentation to the defendant
Ratio Decidendi
The court found that the evidence presented by both parties was mutually destructive and that the plaintiff, bearing the onus, failed to prove on a balance of probabilities that its version was true and the defendant's false. Accordingly, the plaintiff's claim failed.
Court Disposition
absolution from the instance
Orders
- Absolution from the instance is granted.
- Each party to pay its own costs.
Full Case Text
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