Davey's Micro Construction CC v Ngede (118 of 2012) [2013] NAHCMD 370 (6 November 2013)

Davey's Micro Construction CC v Ngede (118 of 2012) [2013] NAHCMD 370 (6 November 2013)

Plaintiff failed to prove entitlement to N$72,958.50 over and above N$45,000 received; pleadings did not comply with Rule 18(4); no admissible evidence of value of work or materials left on site; no reasonable court could find for plaintiff.

Citation
[2013] NAHCMD 370
Parties
Plaintiff: Davey’s Micro Construction CC; Defendant: Junias Ngede
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
6 November 2013
Case Number
118 of 2012
Procedural Posture
Civil / Absolution From the Instance at Close of Plaintiff's Case
Outcome
Absolution from the instance granted; defendant's counterclaim withdrawn; no order as to costs for main claim; defendant to pay plaintiff's costs for withdrawn counterclaim.
Legal Topics
Absolution From the Instance, Pleadings, Burden of Proof, Counterclaim, Costs
Source Language
English
Contract Law Civil Procedure Absolution From the Instance Pleadings Burden of Proof Counterclaim Costs

Case Brief

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Parties

Davey’s Micro Construction CC

Plaintiff

Junias Ngede

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether plaintiff proved entitlement to N$72,958.50 for work and materials
  2. 2 Whether plaintiff's pleadings complied with Rule 18(4)
  3. 3 Whether defendant liable for damages in counterclaim

Ratio Decidendi

Plaintiff failed to prove entitlement to N$72,958.50 over and above N$45,000 received; pleadings did not comply with Rule 18(4); no admissible evidence of value of work or materials left on site; no reasonable court could find for plaintiff.

Court Disposition

Absolution from the instance granted; defendant's counterclaim withdrawn; no order as to costs for main claim; defendant to pay plaintiff's costs for withdrawn counterclaim.

Orders

  • Absolution from the instance is granted, no order as to costs.
  • Defendant granted leave to withdraw counterclaim, ordered to pay plaintiff’s costs in respect of counterclaim.