HERCULES V BROWN (HC-MD-CIV-ACT-OTH 2857 of 2016) [2019] NAHCMD 359 (20 September 2019)

HERCULES V BROWN (HC-MD-CIV-ACT-OTH 2857 of 2016) [2019] NAHCMD 359 (20 September 2019)

The plaintiff failed to discharge the onus of proving that the defendant lacked authority to conclude the agreement on behalf of Aloe Fishing. The only evidence of lack of authority was inadmissible hearsay. Therefore, the claim for damages based on breach of warranty of authority fails. The defendant's application to amend his plea was dismissed due to lack of explanation and mala fides.

Citation
[2019] NAHCMD 359
Parties
Plaintiff: Reginald Paul Hercules; Defendant: Bazil Brown
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
20 September 2019
Case Number
HC-MD-CIV-ACT-OTH 2857 of 2016
Procedural Posture
Civil Action (other) / Judgment After Trial
Outcome
Plaintiff's claim dismissed; defendant's application to amend plea dismissed; costs awarded as specified.
Legal Topics
Amendment of Pleadings, Warranty of Authority, Principal and Agent Liability, Damages for Misrepresentation, Costs Orders
Source Language
English
Civil Procedure Contract Law Agency Law Amendment of Pleadings Warranty of Authority Principal and Agent Liability Damages for Misrepresentation Costs Orders

Case Brief

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Parties

Reginald Paul Hercules

Plaintiff

Bazil Brown

Defendant

Procedural Posture

Civil Action (other) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant made representations regarding authority to conclude a contract on behalf of a third party
  2. 2 Whether the defendant breached a warranty of authority
  3. 3 Whether the plaintiff suffered damages as a result of the defendant's alleged misrepresentation

Ratio Decidendi

The plaintiff failed to discharge the onus of proving that the defendant lacked authority to conclude the agreement on behalf of Aloe Fishing. The only evidence of lack of authority was inadmissible hearsay. Therefore, the claim for damages based on breach of warranty of authority fails. The defendant's application to amend his plea was dismissed due to lack of explanation and mala fides.

Court Disposition

Plaintiff's claim dismissed; defendant's application to amend plea dismissed; costs awarded as specified.

Orders

  • The defendant’s application to amend his plea dated 09 November 2016 is dismissed.
  • The defendant must pay the plaintiff’s costs in respect of the application to amend, such costs to include the costs of one instructing and one instructed counsel.