Central Technical Supplies (Geiger) Engineering (Pty) Ltd v Haudano Bricks CC and Another (2242 of 2015) [2019] NAHCMD 226 (28 June 2019)

Central Technical Supplies (Geiger) Engineering (Pty) Ltd v Haudano Bricks CC and Another (2242 of 2015) [2019] NAHCMD 226 (28 June 2019)

The plaintiff adduced evidence on all elements of its claim and established a prima facie case against the 1st defendant. The issue of unenforceability under the Tender Board Act was not properly pleaded or raised and, even if considered, does not render the contract null and void. The application for absolution from the instance is refused.

Citation
[2019] NAHCMD 226
Parties
Plaintiff: Central Technical Supplies (Geiger) Engineering (Pty) Limited; 1st Defendant: Khomas Aluminium and Glass CC; 2nd Defendant: Haudano Bricks and Builders CC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
28 June 2019
Case Number
2242 of 2015
Procedural Posture
Civil / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
application for absolution from the instance refused
Legal Topics
Absolution From the Instance, Enforceability of Contract, Trial Procedure, Tender Law
Source Language
English
Civil Procedure Contract Law Absolution From the Instance Enforceability of Contract Trial Procedure Tender Law

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Parties

Central Technical Supplies (Geiger) Engineering (Pty) Limited

Plaintiff

Khomas Aluminium and Glass CC

1st Defendant

Haudano Bricks and Builders CC

2nd Defendant

Procedural Posture

Civil / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff made out a prima facie case against the 1st defendant to survive absolution from the instance
  2. 2 Whether the contract between plaintiff and 1st defendant is unenforceable due to breach of Tender Board of Namibia Act

Ratio Decidendi

The plaintiff adduced evidence on all elements of its claim and established a prima facie case against the 1st defendant. The issue of unenforceability under the Tender Board Act was not properly pleaded or raised and, even if considered, does not render the contract null and void. The application for absolution from the instance is refused.

Court Disposition

application for absolution from the instance refused

Orders

  • The application for absolution from the instance is refused.
  • The First Defendant is to pay the costs of the application consequent upon the employment of one instructing and one instructed Counsel.