Diamonds v Alexander Forbes Insurance Company, Namibia Limited (HC-MD-CIV-ACT-CON- 1274 of 2018) [2021] NAHCMD 382 (30 August 2021)

Diamonds v Alexander Forbes Insurance Company, Namibia Limited (HC-MD-CIV-ACT-CON- 1274 of 2018) [2021] NAHCMD 382 (30 August 2021)

The plaintiff failed to adduce any evidence of damages suffered or the quantum thereof as a result of the defendant’s alleged breach of the insurance contract. Without such evidence, no court could reasonably find for the plaintiff, warranting the granting of absolution from the instance.

Citation
[2021] NAHCMD 382
Parties
Plaintiff: Herman Pule Diamonds; Defendant: Alexander Forbes Insurance Company, Namibia Limited
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
30 August 2021
Case Number
HC-MD-CIV-ACT-CON- 1274 of 2018
Procedural Posture
Civil Action Contract / Application for Absolution From the Instance After Close of Plaintiff's Case
Outcome
Application for absolution from the instance granted
Legal Topics
Absolution From the Instance, Breach of Contract, Burden of Proof, Damages, Quantum of Damages
Source Language
English
Insurance Law Contract Law Civil Procedure Absolution From the Instance Breach of Contract Burden of Proof Damages Quantum of Damages

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Parties

Herman Pule Diamonds

Plaintiff

Alexander Forbes Insurance Company, Namibia Limited

Defendant

Procedural Posture

Civil Action Contract / Application for Absolution From the Instance After Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff proved damages resulting from breach of insurance contract
  2. 2 Whether the plaintiff provided evidence of quantum of damages

Ratio Decidendi

The plaintiff failed to adduce any evidence of damages suffered or the quantum thereof as a result of the defendant’s alleged breach of the insurance contract. Without such evidence, no court could reasonably find for the plaintiff, warranting the granting of absolution from the instance.

Court Disposition

Application for absolution from the instance granted

Orders

  • The application for absolution from the instance is granted.
  • The plaintiff is ordered to pay the defendant’s costs, including costs consequent upon the employment of one instructed and one instructing legal practitioner.