Rivoli Namibia (Pty) Ltd v Salini Namibia (Pty) Ltd (Reasons for Orders) (HC-MD-CIV-ACT-CON 2271 of 2018) [2019] NAHCMD 528 (4 December 2019)

Rivoli Namibia (Pty) Ltd v Salini Namibia (Pty) Ltd (Reasons for Orders) (HC-MD-CIV-ACT-CON 2271 of 2018) [2019] NAHCMD 528 (4 December 2019)

The court upheld the special plea because the lease agreement contained a valid arbitration clause, the defendant was entitled to raise the arbitration point by special plea, and the plaintiff failed to demonstrate exceptional circumstances or compelling reasons to refuse referral to arbitration.

Citation
[2019] NAHCMD 528
Parties
Plaintiff: Rivoli Namibia (Pty) Ltd; Defendant: Salini Namibia (Pty) Ltd
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
4 December 2019
Case Number
HC-MD-CIV-ACT-CON 2271 of 2018
Procedural Posture
Civil / Ruling on Special Plea
Outcome
special plea upheld with costs
Legal Topics
Arbitration Clause, Jurisdiction, Stay of Proceedings, Equipment Lease Agreement
Source Language
English
Contract Law Arbitration Arbitration Clause Jurisdiction Stay of Proceedings Equipment Lease Agreement

Case Brief

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Parties

Rivoli Namibia (Pty) Ltd

Plaintiff

Salini Namibia (Pty) Ltd

Defendant

Procedural Posture

Civil / Ruling on Special Plea

Legal Issues

  1. 1 Whether the court should uphold the special plea based on the arbitration clause in the lease agreement
  2. 2 Whether the defendant submitted to the court's jurisdiction by filing its plea before raising the arbitration clause
  3. 3 Whether there are exceptional circumstances to refuse referral to arbitration

Ratio Decidendi

The court upheld the special plea because the lease agreement contained a valid arbitration clause, the defendant was entitled to raise the arbitration point by special plea, and the plaintiff failed to demonstrate exceptional circumstances or compelling reasons to refuse referral to arbitration.

Court Disposition

special plea upheld with costs

Orders

  • The special plea is upheld with costs, including the costs of one instructing and one instructed counsel.