Easigas (Pty) Ltd v Autogas Namibia (Pty) Ltd (1016 of 2011) [2012] NAHC 257 (5 October 2012)

Easigas (Pty) Ltd v Autogas Namibia (Pty) Ltd (1016 of 2011) [2012] NAHC 257 (5 October 2012)

The defendant's counterclaim does not disclose a cause of action because the alleged addendum is not a written and signed agreement as required by the non-variation clause in the supply agreement; thus, any purported verbal amendment is invalid.

Citation
[2012] NAHC 257
Parties
Plaintiff: Easigas (Pty) Ltd; Defendant: Autogas Namibia (Pty) Ltd
Court
High Court
Jurisdiction
Namibia
Judgment Date
5 October 2012
Case Number
1016 of 2011
Procedural Posture
Civil / Ruling on Exception to Counterclaim
Outcome
exception upheld; counterclaim set aside with costs; leave to amend granted
Legal Topics
Exceptions to Pleadings, Non Variation Clauses, Cause of Action, Counterclaims
Source Language
English
Contract Law Civil Procedure Exceptions to Pleadings Non Variation Clauses Cause of Action Counterclaims

Case Brief

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Parties

Easigas (Pty) Ltd

Plaintiff

Autogas Namibia (Pty) Ltd

Defendant

Procedural Posture

Civil / Ruling on Exception to Counterclaim

Legal Issues

  1. 1 Whether the defendant's counterclaim discloses a cause of action
  2. 2 Whether the alleged addendum constitutes a valid amendment to the supply agreement in light of the non-variation clause

Ratio Decidendi

The defendant's counterclaim does not disclose a cause of action because the alleged addendum is not a written and signed agreement as required by the non-variation clause in the supply agreement; thus, any purported verbal amendment is invalid.

Court Disposition

exception upheld; counterclaim set aside with costs; leave to amend granted

Orders

  • The exception succeeds and the defendant’s counterclaim is set aside with costs.
  • The defendant is given leave, if so advised, to file an amended counterclaim and declaration within 15 days from the delivery of this judgment.