Fish Orange Mining Consortium (Pty) Ltd v !Goaseb and Others (582 of 2010) [2018] NAHCMD 154 (8 June 2018)

Fish Orange Mining Consortium (Pty) Ltd v !Goaseb and Others (582 of 2010) [2018] NAHCMD 154 (8 June 2018)

The plaintiff led sufficient evidence, including an expert report admitted by consent, to establish a prima facie case that the EPL had commercial value and that damages could be assessed by the court. The absence of oral expert testimony did not preclude reliance on the report. The application for absolution from the instance was therefore refused.

Citation
[2018] NAHCMD 154
Parties
Plaintiff: Fish Orange Mining Consortium (Pty) Ltd; First Defendant: Ghandy Gerson !Goaseb; Second Defendant: Jose N. Shipepe; Third Defendant: Eminent Mining Holding (Pty) Ltd; Fourth Defendant: Minister of Mines and Energy
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
8 June 2018
Case Number
582 of 2010
Procedural Posture
Civil / 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, Damages, Unlawful Transfer of Licence, Expert Evidence, Valuation of Prospecting Licence
Source Language
English
Civil Procedure Mining Law Commercial Law Absolution From the Instance Damages Unlawful Transfer of Licence Expert Evidence Valuation of Prospecting Licence

Case Brief

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Parties

Fish Orange Mining Consortium (Pty) Ltd

Plaintiff

Ghandy Gerson !Goaseb

First Defendant

Jose N. Shipepe

Second Defendant

Eminent Mining Holding (Pty) Ltd

Third Defendant

Minister of Mines and Energy

Fourth Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case for damages arising from the alleged unlawful transfer of an exclusive prospecting licence (EPL)
  2. 2 Whether failure to call an expert witness who filed a report precludes reliance on that report for damages
  3. 3 Whether the EPL had commercial value despite not conferring rights to mine and sell minerals

Ratio Decidendi

The plaintiff led sufficient evidence, including an expert report admitted by consent, to establish a prima facie case that the EPL had commercial value and that damages could be assessed by the court. The absence of oral expert testimony did not preclude reliance on the report. The application for absolution from the instance was therefore refused.

Court Disposition

Application for absolution from the instance dismissed

Orders

  • The application for absolution from the instance is refused.
  • The First and Second Defendants are ordered to pay the costs of the application jointly and severally, the one paying and the other being absolved, consequent upon the employment of one instructing and one instructed counsel.