Grand Trading cc v Zhong-Mei Engineering (Pty) Ltd (HC-MD-CIV-ACT-CON- 4675 of 2018) [2020] NAHCMD 516 (12 November 2020)

Grand Trading cc v Zhong-Mei Engineering (Pty) Ltd (HC-MD-CIV-ACT-CON- 4675 of 2018) [2020] NAHCMD 516 (12 November 2020)

Although the plaintiff's evidence was unreliable in some respects, it was not so inherently improbable or contradictory as to warrant absolution from the instance. The plaintiff established a prima facie case on all elements of the claim, and the matter should proceed to allow the defendant to answer.

Citation
[2020] NAHCMD 516
Parties
Plaintiff: Grand Trading CC; Defendant: Zhong-Mei Engineering (Pty) Ltd
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
12 November 2020
Case Number
HC-MD-CIV-ACT-CON- 4675 of 2018
Procedural Posture
Civil (contract) / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Application for absolution from the instance dismissed with costs.
Legal Topics
Absolution From the Instance, Consultancy Agreement, Tender Disputes, Prima Facie Case, Burden of Proof
Source Language
English
Civil Procedure Contract Law Absolution From the Instance Consultancy Agreement Tender Disputes Prima Facie Case Burden of Proof

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Parties

Grand Trading CC

Plaintiff

Zhong-Mei Engineering (Pty) Ltd

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the plaintiff made out a prima facie case to survive absolution from the instance
  2. 2 Whether the defendant paid the full amount due under the consultancy agreement

Ratio Decidendi

Although the plaintiff's evidence was unreliable in some respects, it was not so inherently improbable or contradictory as to warrant absolution from the instance. The plaintiff established a prima facie case on all elements of the claim, and the matter should proceed to allow the defendant to answer.

Court Disposition

Application for absolution from the instance dismissed with costs.

Orders

  • Application for absolution from the instance is dismissed with costs.