CHW Trading Enterprices CC v Octagon Construction CC (HC-NLD-CIV-ACT-CON 166 of 2018) [2020] NAHCNLD 6 (21 January 2020)

CHW Trading Enterprices CC v Octagon Construction CC (HC-NLD-CIV-ACT-CON 166 of 2018) [2020] NAHCNLD 6 (21 January 2020)

The plaintiff failed to lead admissible evidence on which a court could reasonably find for it, as the reciprocal debts were ascertained and the set-off by defendant was valid due to plaintiff's breach of contractual insurance obligations.

Citation
[2020] NAHCNLD 6
Parties
Plaintiff: CHW Trading Enterprices CC; Defendant: Octagon Construction CC
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
21 January 2020
Case Number
HC-NLD-CIV-ACT-CON 166 of 2018
Procedural Posture
Civil (contract) / Absolution From the Instance at Close of Plaintiff's Case
Outcome
Absolution from the instance granted; costs to defendant.
Legal Topics
Absolution From the Instance, Set Off, Contractual Obligations, Insurance in Contracts
Source Language
English
Contract Law Civil Procedure Absolution From the Instance Set Off Contractual Obligations Insurance in Contracts

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Parties

CHW Trading Enterprices CC

Plaintiff

Octagon Construction CC

Defendant

Procedural Posture

Civil (contract) / Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff led admissible evidence on which a court could find for the plaintiff at close of its case
  2. 2 Legality and permissibility of set-off by defendant against plaintiff's claims
  3. 3 Whether plaintiff breached contractual insurance obligations

Ratio Decidendi

The plaintiff failed to lead admissible evidence on which a court could reasonably find for it, as the reciprocal debts were ascertained and the set-off by defendant was valid due to plaintiff's breach of contractual insurance obligations.

Court Disposition

Absolution from the instance granted; costs to defendant.

Orders

  • The application for the order of the absolution from the instance is granted.
  • Plaintiff to pay costs of the defendant on the scale of one instructing and one instructed counsel.