Grand Trading CC v Zhong Mei Engineering (Pty) Ltd (HC-MD-CIV-ACT-CON- 4675 of 2018) [2021] NAHCMD 93 (5 March 2021)

Grand Trading CC v Zhong Mei Engineering (Pty) Ltd (HC-MD-CIV-ACT-CON- 4675 of 2018) [2021] NAHCMD 93 (5 March 2021)

The defendant failed to discharge the onus of proving payment of the specified debt under the consultancy agreement, as the evidence and records provided were insufficient and unclear. Judgment is entered for the plaintiff for the reduced amount claimed.

Source-derived case information.

Citation
[2021] NAHCMD 93
Parties
Plaintiff: Grand Trading CC; Defendant: Zhong-Mei Engineering (Pty) Ltd
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
5 March 2021
Case Number
HC-MD-CIV-ACT-CON- 4675 of 2018
Procedural Posture
Civil Contract / Judgment After Trial
Outcome
judgment for plaintiff
Legal Topics
Consultancy Agreement, Onus of Proof, Plea of Payment, Evidence Assessment
Source Language
english
Contract Law Consultancy Agreement Onus of Proof Plea of Payment Evidence Assessment

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Parties

Grand Trading CC

Plaintiff

Zhong-Mei Engineering (Pty) Ltd

Defendant

Procedural Posture

Civil Contract / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant discharged the onus of proving payment of the consultancy fee under the written agreement

Ratio Decidendi

The defendant failed to discharge the onus of proving payment of the specified debt under the consultancy agreement, as the evidence and records provided were insufficient and unclear. Judgment is entered for the plaintiff for the reduced amount claimed.

Court Disposition

judgment for plaintiff

Orders

  • The defendant is ordered to pay to the plaintiff the amount of N$4,054,008.69.
  • The defendant is ordered to pay interest on the aforesaid amount at the rate of 20% a tempore morae from today’s date until date of final payment.