Name Nove Construction CC and Others v Development Bank of Namibia (Appeal Judgment) (SA 45 of 2017) [2019] NASC 595 (9 October 2019)

Name Nove Construction CC and Others v Development Bank of Namibia (Appeal Judgment) (SA 45 of 2017) [2019] NASC 595 (9 October 2019)

Consensus existed as to the loan agreement terms; payment to Furnitech Namibia was authorised by the supplier and constituted payment under the contract; Mrs Thimende had actual or ratified authority to instruct payment; all defences fail.

Citation
[2019] NASC 595
Parties
Appellant: Name Nove Construction CC; Appellant: Kornelia Makena Thimende; Appellant: Paulinus Munika Thimende; Respondent: Development Bank of Namibia
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
9 October 2019
Case Number
SA 45 of 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Loan Agreement, Suretyship, Authority of Corporate Agents, Variation of Contract, Ratification
Source Language
English
Contract Law Corporate Law Loan Agreement Suretyship Authority of Corporate Agents Variation of Contract Ratification

Case Brief

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Parties

Name Nove Construction CC

Appellant

Kornelia Makena Thimende

Appellant

Paulinus Munika Thimende

Appellant

Development Bank of Namibia

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether consensus was reached as to the terms and conditions of the loan agreement
  2. 2 Whether payment to Furnitech Namibia CC instead of Furnitech South Africa constituted payment to the agreed supplier under the contract
  3. 3 Whether Mrs Thimende had authority to authorise payment to the supplier

Ratio Decidendi

Consensus existed as to the loan agreement terms; payment to Furnitech Namibia was authorised by the supplier and constituted payment under the contract; Mrs Thimende had actual or ratified authority to instruct payment; all defences fail.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.