Metzger v Purity Manganes (Pty) Ltd (3593 of 2010) [2011] NAHC 359 (13 December 2011)

Metzger v Purity Manganes (Pty) Ltd (3593 of 2010) [2011] NAHC 359 (13 December 2011)

Given the impossibility of serving notice by registered mail at a street address in Namibia, delivery by hand at the defendant's chosen domicilium citandi et executandi suffices under the agreement. Clause 15 deems such delivery as effective, and the authority of the recipient is irrelevant once domicilium is chosen. The special plea is dismissed.

Citation
[2011] NAHC 359
Parties
Plaintiff: Harald Metzger; Defendant: Purity Manganese (Pty) Ltd
Court
High Court
Jurisdiction
Namibia
Judgment Date
13 December 2011
Case Number
3593 of 2010
Procedural Posture
Civil / Ruling on Special Plea
Outcome
Special plea dismissed with costs
Legal Topics
Service of Notice, Contractual Interpretation, Impossibility of Performance, Domicilium Citandi Et Executandi
Source Language
English
Contract Law Civil Procedure Service of Notice Contractual Interpretation Impossibility of Performance Domicilium Citandi Et Executandi

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Parties

Harald Metzger

Plaintiff

Purity Manganese (Pty) Ltd

Defendant

Procedural Posture

Civil / Ruling on Special Plea

Legal Issues

  1. 1 Whether delivery of notice of breach by hand at the defendant's domicilium citandi et executandi constitutes proper service under the agreement when registered mail is impossible
  2. 2 Whether the plaintiff was excused from serving notice by registered mail due to impossibility
  3. 3 Whether service on an employee at the defendant's offices suffices for contractual notice

Ratio Decidendi

Given the impossibility of serving notice by registered mail at a street address in Namibia, delivery by hand at the defendant's chosen domicilium citandi et executandi suffices under the agreement. Clause 15 deems such delivery as effective, and the authority of the recipient is irrelevant once domicilium is chosen. The special plea is dismissed.

Court Disposition

Special plea dismissed with costs

Orders

  • The special plea is dismissed with costs, including costs of one instructed and one instructing counsel.