Eclipse Investments (PTY) LTD v Auto Tech Truck & Coach cc (116 of 2013) [2017] NAHCNLD 57 (26 June 2017)

Eclipse Investments (PTY) LTD v Auto Tech Truck & Coach cc (116 of 2013) [2017] NAHCNLD 57 (26 June 2017)

Plaintiff established a prima facie case by presenting evidence of a contract and partial performance; therefore, the application for absolution from the instance must be dismissed to allow the defendant to present its case.

Citation
[2017] NAHCNLD 57
Parties
Plaintiff: Eclipse Investments (Pty) Ltd; Defendant: Auto Tech Truck & Coach CC
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
26 June 2017
Case Number
116 of 2013
Procedural Posture
Civil / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Application for absolution from the instance dismissed; costs awarded to plaintiff; trial to proceed.
Legal Topics
Absolution From the Instance, Prima Facie Case, Sale Agreement, Termination of Contract
Source Language
English
Contract Law Civil Procedure Absolution From the Instance Prima Facie Case Sale Agreement Termination of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Eclipse Investments (Pty) Ltd

Plaintiff

Auto Tech Truck & Coach CC

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether plaintiff established a prima facie case against defendant to survive absolution from the instance
  2. 2 Whether the remedy of absolution from the instance should be granted at this stage

Ratio Decidendi

Plaintiff established a prima facie case by presenting evidence of a contract and partial performance; therefore, the application for absolution from the instance must be dismissed to allow the defendant to present its case.

Court Disposition

Application for absolution from the instance dismissed; costs awarded to plaintiff; trial to proceed.

Orders

  • The application for absolution from the instance is dismissed.
  • Defendant is ordered to pay the costs of this application.