Classic Engines CC v Nghikofa (3) (887 of 2010) [2012] NAHC 205 (25 July 2012)

Classic Engines CC v Nghikofa (3) (887 of 2010) [2012] NAHC 205 (25 July 2012)

Where the only remedy claimed is delictual damages for breach of contract of employment, which cannot be granted by a conciliator or arbitrator under the Labour Act, the High Court retains jurisdiction to determine the claim, and the claim has not prescribed under section 86(1) and (2) of the Labour Act.

Citation
[2012] NAHC 205
Parties
Plaintiff: Classic Engines CC; Defendant: Reinhold Hashetu Nghikofa
Court
High Court
Jurisdiction
Namibia
Judgment Date
25 July 2012
Case Number
887 of 2010
Procedural Posture
Civil / Interlocutory Application—point in Limine on Jurisdiction and Prescription
Outcome
Defendant's points in limine dismissed with costs.
Legal Topics
Jurisdiction, Prescription, Breach of Contract, Delictual Damages, Alternative Dispute Resolution
Source Language
English
Labour Law Civil Procedure Jurisdiction Prescription Breach of Contract Delictual Damages Alternative Dispute Resolution

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Parties

Classic Engines CC

Plaintiff

Reinhold Hashetu Nghikofa

Defendant

Procedural Posture

Civil / Interlocutory Application—point in Limine on Jurisdiction and Prescription

Legal Issues

  1. 1 Whether the High Court has jurisdiction to determine a claim for delictual damages arising from breach of contract of employment
  2. 2 Whether the plaintiff's claim has prescribed under section 86(1) and (2) of the Labour Act, 2007

Ratio Decidendi

Where the only remedy claimed is delictual damages for breach of contract of employment, which cannot be granted by a conciliator or arbitrator under the Labour Act, the High Court retains jurisdiction to determine the claim, and the claim has not prescribed under section 86(1) and (2) of the Labour Act.

Court Disposition

Defendant's points in limine dismissed with costs.

Orders

  • Points in limine dismissed.
  • Costs awarded on the scale as between party and party, including costs for one instructing and one instructed counsel.