Goamub Quick Security Services CC v Grinaker LTA Namibia (Pty) Ltd (167 of 2012) [2013] NAHCMD 190 (10 July 2013)

Goamub Quick Security Services CC v Grinaker LTA Namibia (Pty) Ltd (167 of 2012) [2013] NAHCMD 190 (10 July 2013)

Plaintiff failed to produce evidence of its legal existence, failed to prove actual authority of Mr. Strauss, and failed to produce available evidence to prove specific damages; thus, no evidence upon which a court may find for the plaintiff.

Citation
[2013] NAHCMD 190
Parties
Plaintiff: Goamub Quick Security Services CC; Defendant: Grinaker LTA Namibia (Pty) Ltd
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
10 July 2013
Case Number
167 of 2012
Procedural Posture
Civil / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Absolution from the instance granted with costs
Legal Topics
Absolution From the Instance, Locus Standi, Authority of Agent, Proof of Damages, Existence of Legal Entity
Source Language
English
Contract Law Civil Procedure Absolution From the Instance Locus Standi Authority of Agent Proof of Damages Existence of Legal Entity

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Parties

Goamub Quick Security Services CC

Plaintiff

Grinaker LTA Namibia (Pty) Ltd

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the plaintiff proved its existence as a Close Corporation
  2. 2 Whether Mr. Strauss had actual authority to bind the defendant
  3. 3 Whether the plaintiff proved specific damages claimed

Ratio Decidendi

Plaintiff failed to produce evidence of its legal existence, failed to prove actual authority of Mr. Strauss, and failed to produce available evidence to prove specific damages; thus, no evidence upon which a court may find for the plaintiff.

Court Disposition

Absolution from the instance granted with costs

Orders

  • Absolution from the instance granted
  • Plaintiff to pay costs including costs of one instructing and one instructed counsel