Namibia Post Limited v Hiwilepo (3253 of 2007) [2011] NAHC 172 (17 June 2011)

Namibia Post Limited v Hiwilepo (3253 of 2007) [2011] NAHC 172 (17 June 2011)

Sufficient admissible evidence was presented that an agreement existed between the parties and that the defendant was assisted by her guardian. The defendant is bound by her pleadings and did not plead minority or lack of assistance. Therefore, a reasonable court might find for the plaintiff, and absolution from the instance must be refused.

Citation
[2011] NAHC 172
Parties
Plaintiff: Namibia Post Limited; Defendant: Maria Hiwilepo
Court
High Court
Jurisdiction
Namibia
Judgment Date
17 June 2011
Case Number
3253 of 2007
Procedural Posture
Civil / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
application for absolution from the instance dismissed with costs
Legal Topics
Absolution From the Instance, Bursary Agreements, Minor's Contractual Capacity
Source Language
English
Contract Law Civil Procedure Absolution From the Instance Bursary Agreements Minor's Contractual Capacity

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Parties

Namibia Post Limited

Plaintiff

Maria Hiwilepo

Defendant

Procedural Posture

Civil / Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether sufficient evidence exists of an enforceable agreement between the parties to survive absolution from the instance
  2. 2 Whether the defendant, as a minor, was properly assisted by a guardian in entering the agreement

Ratio Decidendi

Sufficient admissible evidence was presented that an agreement existed between the parties and that the defendant was assisted by her guardian. The defendant is bound by her pleadings and did not plead minority or lack of assistance. Therefore, a reasonable court might find for the plaintiff, and absolution from the instance must be refused.

Court Disposition

application for absolution from the instance dismissed with costs

Orders

  • The application for absolution from the instance is dismissed with costs.