EA Mouton Builders CC v Santam Namibia (HC-MD-CIV-ACT-CON 635 of 2017) [2019] NAHCMD 179 (7 June 2019)

There is evidence upon which a court, applying its mind reasonably, could find for the plaintiff; thus, absolution from the instance is not warranted.

Citation: [2019] NAHCMD 179
Parties: Plaintiff: EA Mouton Builders CC; Defendant: Santam Namibia
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 7 June 2019
Case Number: HC-MD-CIV-ACT-CON 635 of 2017
Procedural Posture: Civil Action Contract / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome: Application for absolution from the instance dismissed
Legal Topics: Absolution From the Instance, Agency, Indemnity, Exclusion Clauses
Source Language: English

Insurance Law Contract Law Absolution From the Instance Agency Indemnity Exclusion Clauses

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2

Parties

EA Mouton Builders CC

Plaintiff

Santam Namibia

Defendant

Procedural Posture

Civil Action Contract / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

1 Whether plaintiff established a prima facie case for indemnity under the insurance contract
2 Whether the claim is excluded by the policy's exclusion clause for consequential or mechanical loss
3 Whether Hot Rod Panel Beaters acted as agent for the defendant

Ratio Decidendi

There is evidence upon which a court, applying its mind reasonably, could find for the plaintiff; thus, absolution from the instance is not warranted.

Court Disposition

Application for absolution from the instance dismissed

Orders

Defendant to pay plaintiff’s costs
Matter postponed to 11 June 2019 for allocation of trial continuation dates