Congo Trading CC v E and Jay Trading Enterprises CC (2971 of 2012) [2014] NAHCMD 136 (14 April 2014)

Congo Trading CC v E and Jay Trading Enterprises CC (2971 of 2012) [2014] NAHCMD 136 (14 April 2014)

The plaintiff failed to establish, by direct proof or inference, that Martha Manasse was authorized to act as agent for the defendant in the alleged transaction. Consequently, there was no evidence upon which a reasonable court could find for the plaintiff against the defendant, warranting absolution from the instance.

Citation
[2014] NAHCMD 136
Parties
Plaintiff: Congo Trading CC; Defendant: E & Jay Trading Enterprises CC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
14 April 2014
Case Number
2971 of 2012
Procedural Posture
Civil / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
absolution from the instance granted with costs
Legal Topics
Principal and Agent, Authority of Agent, Absolution From the Instance
Source Language
English
Contract Law Agency Law Principal and Agent Authority of Agent Absolution From the Instance

Case Brief

Summary, issues, holding and outcome

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Parties

Congo Trading CC

Plaintiff

E & Jay Trading Enterprises CC

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether Martha Manasse acted as an agent of the defendant with authority to bind the defendant in contract with the plaintiff
  2. 2 Whether the plaintiff established the existence of an oral agreement between plaintiff and defendant

Ratio Decidendi

The plaintiff failed to establish, by direct proof or inference, that Martha Manasse was authorized to act as agent for the defendant in the alleged transaction. Consequently, there was no evidence upon which a reasonable court could find for the plaintiff against the defendant, warranting absolution from the instance.

Court Disposition

absolution from the instance granted with costs

Orders

  • Absolution from the instance is granted.
  • Plaintiff to pay costs on the scale as between party and party.