Zhau v ERF One Eight Five Three Klein Windhoek Property CC and Another [2017] NAHCMD 100 (27 March 2017)

Zhau v ERF One Eight Five Three Klein Windhoek Property CC and Another [2017] NAHCMD 100 (27 March 2017)

The plaintiff proved on a balance of probabilities that the insurance contract was valid, that the defendant breached it by refusing to process the claim, and that general damages for storage fees were recoverable as they flowed naturally from the breach. Special damages for loss of profit were not recoverable as they were not specifically included in the policy and did not flow directly from the breach.

Citation
[2017] NAHCMD 100
Parties
Plaintiff: Ribs Logistics CC; Defendant: Santam Namibia Limited
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
27 March 2017 20 June 2017 27 March 2017
Procedural Posture
Civil / Judgment After Trial; Defendant in Default
Outcome
Plaintiff's claim for specific performance and general damages (storage fees) granted; claim for special damages (loss of profit) dismissed.
Legal Topics
Breach of Contract, Damages, Specific Performance, Insurance Claims, Remoteness of Damage
Source Language
English
Contract Law Insurance Law Civil Procedure Breach of Contract Damages Specific Performance Insurance Claims Remoteness of Damage

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Parties

Ribs Logistics CC

Plaintiff

Santam Namibia Limited

Defendant

Procedural Posture

Civil / Judgment After Trial; Defendant in Default

Legal Issues

  1. 1 Whether the defendant breached the insurance contract by refusing to process the plaintiff's claim
  2. 2 Whether the plaintiff is entitled to general and/or special damages for breach of contract
  3. 3 Whether loss of profit is recoverable under the insurance policy

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the insurance contract was valid, that the defendant breached it by refusing to process the claim, and that general damages for storage fees were recoverable as they flowed naturally from the breach. Special damages for loss of profit were not recoverable as they were not specifically included in the policy and did not flow directly from the breach.

Court Disposition

Plaintiff's claim for specific performance and general damages (storage fees) granted; claim for special damages (loss of profit) dismissed.

Orders

  • Defendant to process plaintiff’s claim in respect of the damaged truck and trailers within 60 days.
  • Payment for general damages in respect of storage fees at N$ 300.00 per unit per day from 03 December 2015 to date of payment.