DJV Construction CC v Geldenhuys (842 of 2011) [2013] NAHCMD 158 (11 June 2013)

DJV Construction CC v Geldenhuys (842 of 2011) [2013] NAHCMD 158 (11 June 2013)

The plaintiff failed to explain the amount claimed when requested, so the court accepted the defendant's version of the amount owed, less a fair set-off for remedial works, resulting in judgment for the plaintiff in the reduced amount. Costs were not awarded as the plaintiff was not substantially successful.

Citation
[2013] NAHCMD 158
Parties
Plaintiff: DJV Construction CC; Defendant: Petro Geldenhuys
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
11 June 2013
Case Number
842 of 2011
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff in reduced amount, no order as to costs
Legal Topics
Building Contract, Set Off, Counterclaim, Costs, Builder's Lien
Source Language
English
Contract Law Civil Procedure Building Contract Set Off Counterclaim Costs Builder's Lien

Case Brief

Summary, issues, holding and outcome

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Parties

DJV Construction CC

Plaintiff

Petro Geldenhuys

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What is the amount owed by the defendant to the plaintiff under the building contract?
  2. 2 Is the defendant entitled to set-off or a counterclaim for alleged poor workmanship?
  3. 3 Should costs follow the event given the outcome?

Ratio Decidendi

The plaintiff failed to explain the amount claimed when requested, so the court accepted the defendant's version of the amount owed, less a fair set-off for remedial works, resulting in judgment for the plaintiff in the reduced amount. Costs were not awarded as the plaintiff was not substantially successful.

Court Disposition

judgment for plaintiff in reduced amount, no order as to costs

Orders

  • Judgment for the plaintiff in the amount of N$68,622.50, plus interest at 20% per annum from date of judgment to final payment.
  • No order as to costs.