Edcon Construction CC v Red Investment Holding Company (Pty) Ltd (Ruling) (HC-MD-CIV-ACT-OTH 3060 of 2017) [2018] NAHCMD 93 (3 April 2018)

Edcon Construction CC v Red Investment Holding Company (Pty) Ltd (Ruling) (HC-MD-CIV-ACT-OTH 3060 of 2017) [2018] NAHCMD 93 (3 April 2018)

The court held that the plaintiff's particulars of claim are not excipiable because possible evidence could be led to disclose a cause of action, and the necessary averments have been pleaded.

Source-derived case information.

Citation
[2018] NAHCMD 93
Parties
Plaintiff: Edcon Construction CC; Defendant: Red Investment Holding Company (Pty) Ltd
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
3 April 2018
Case Number
HC-MD-CIV-ACT-OTH 3060 of 2017
Procedural Posture
Civil / Ruling on Exception
Outcome
Exception dismissed with costs
Legal Topics
Exception to Pleadings, Cause of Action, Conditional Acceptance, Pleadings Sufficiency
Source Language
english
Contract Law Civil Procedure Exception to Pleadings Cause of Action Conditional Acceptance Pleadings Sufficiency

Source-derived case record

Summary, issues, holding and outcome

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Parties

Edcon Construction CC

Plaintiff

Red Investment Holding Company (Pty) Ltd

Defendant

Procedural Posture

Civil / Ruling on Exception

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose a cause of action
  2. 2 Whether a conditional acceptance can constitute a valid agreement

Ratio Decidendi

The court held that the plaintiff's particulars of claim are not excipiable because possible evidence could be led to disclose a cause of action, and the necessary averments have been pleaded.

Court Disposition

Exception dismissed with costs

Orders

  • The exception is dismissed.
  • The defendant is ordered to pay the costs occasioned by the exception.