Claud Bosch Architects v Auas Business Enterprises Enterprises Number 123 (Pty) Ltd (2333 of 2011) [2016] NAHCMD 195 (7 July 2016)

Claud Bosch Architects v Auas Business Enterprises Enterprises Number 123 (Pty) Ltd (2333 of 2011) [2016] NAHCMD 195 (7 July 2016)

The Act prohibits entities other than natural persons from carrying out architectural work for gain unless exempted; the plaintiff, being a close corporation and not a registered architect, cannot enforce a claim for architectural fees, and the particulars of claim do not disclose a cause of action.

Source-derived case information.

Citation
[2016] NAHCMD 195
Parties
Plaintiff: Claud Bosch Architects; Defendant: Auas Business Enterprises Number 123 (Pty) Ltd
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
7 July 2016
Case Number
2333 of 2011
Procedural Posture
Civil / Ruling on Exception
Outcome
Exception upheld with costs
Legal Topics
Architectural Practice, Capacity to Contract, Illegality of Contract, Exceptions in Pleadings
Source Language
english
Contract Law Professional Regulation Architectural Practice Capacity to Contract Illegality of Contract Exceptions in Pleadings

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Parties

Claud Bosch Architects

Plaintiff

Auas Business Enterprises Number 123 (Pty) Ltd

Defendant

Procedural Posture

Civil / Ruling on Exception

Legal Issues

  1. 1 Whether a close corporation can claim architectural fees when not registered as an architect under the relevant Act
  2. 2 Whether the particulars of claim disclose a cause of action given statutory restrictions on who may perform architectural work for gain

Ratio Decidendi

The Act prohibits entities other than natural persons from carrying out architectural work for gain unless exempted; the plaintiff, being a close corporation and not a registered architect, cannot enforce a claim for architectural fees, and the particulars of claim do not disclose a cause of action.

Court Disposition

Exception upheld with costs

Orders

  • Exception to the plaintiff’s particulars of claim upheld with costs, including costs of two instructed and one instructing counsel.
  • Plaintiff granted 14 days to amend particulars of claim.