Namibia Beverages v Amupolo (2450 of 1997) [1999] NAHC 9 (13 August 1999)

Namibia Beverages v Amupolo (2450 of 1997) [1999] NAHC 9 (13 August 1999)

The plaintiff proved on a balance of probabilities that the agreed credit was 15 cents per bottle, not N$1.30 as claimed by the defendant. The defendant's version was improbable and unsupported by evidence or conduct. The plaintiff is entitled to the claimed amount, and the defendant's counterclaim fails.

Citation
[1999] NAHC 9
Parties
Plaintiff: Namibia Beverages; Defendant: Martin Amupolo
Court
High Court
Jurisdiction
Namibia
Judgment Date
13 August 1999
Case Number
2450 of 1997
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim allowed; defendant's counterclaim dismissed.
Legal Topics
Particularity of Pleadings, Parol Evidence Rule, Rectification of Contract, Credit Agreements, Promotional Agreements
Source Language
English
Civil Procedure Contract Particularity of Pleadings Parol Evidence Rule Rectification of Contract Credit Agreements Promotional Agreements

Case Brief

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Parties

Namibia Beverages

Plaintiff

Martin Amupolo

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What is the agreed credit the plaintiff had to pass in favour of the defendant for promotional products sold during the promotion?
  2. 2 Is the defendant entitled to set-off or counterclaim based on the alleged oral agreement regarding credits?

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the agreed credit was 15 cents per bottle, not N$1.30 as claimed by the defendant. The defendant's version was improbable and unsupported by evidence or conduct. The plaintiff is entitled to the claimed amount, and the defendant's counterclaim fails.

Court Disposition

Plaintiff's claim allowed; defendant's counterclaim dismissed.

Orders

  • Defendant to pay plaintiff N$7,289.55 plus interest at 20% per annum from 15 August 1996 until payment.
  • Defendant to pay plaintiff's costs, excluding costs relating to drafting or attendance on pleadings filed in convention.