Ribs Logistics cc v Santam Namibia Limited (551 of 2016) [2017] NAHCMD 100 (20 June 2017)

Ribs Logistics cc v Santam Namibia Limited (551 of 2016) [2017] NAHCMD 100 (20 June 2017)

The plaintiff proved on a balance of probabilities that the insurance contract was valid, the defendant breached it by refusing to process the claim, and the plaintiff is entitled to specific performance and general damages for storage fees. Special damages for loss of profit were not recoverable as they were not covered by the policy and did not flow naturally 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
20 June 2017 20 June 2017 27 March 2017
Case Number
551 of 2016
Procedural Posture
Civil / Judgment After Default of Defendant at Trial
Outcome
judgment for plaintiff in part
Legal Topics
Breach of Contract, Damages, Specific Performance, Insurance Claims, Remoteness of Damages
Source Language
English
Contract Law Insurance Law Civil Procedure Breach of Contract Damages Specific Performance Insurance Claims Remoteness of Damages

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Parties

Ribs Logistics CC

Plaintiff

Santam Namibia Limited

Defendant

Procedural Posture

Civil / Judgment After Default of Defendant at Trial

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 specific performance and damages under the insurance agreement
  3. 3 Whether general and special damages are recoverable under the policy

Ratio Decidendi

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

Court Disposition

judgment for plaintiff in part

Orders

  • Defendant to process plaintiff’s claim for the damaged truck and trailers within 60 days
  • Payment of storage fees at N$ 300 per unit per day from 03 December 2015 to date of payment