Saamspan Farming CC v Weakly (1509 of 2008) [2010] NAHC 183 (5 November 2010)

Saamspan Farming CC v Weakly (1509 of 2008) [2010] NAHC 183 (5 November 2010)

A valid compromise agreement was concluded between the parties, which extinguished the original cause of action and rendered the non-variation clause inapplicable; therefore, the particulars of claim disclose a cause of action and the exception cannot be upheld.

Citation
[2010] NAHC 183
Parties
Plaintiff: SAAMSPAN FARMING CC; Defendant: Marlize Weakly
Court
High Court
Jurisdiction
Namibia
Judgment Date
5 November 2010
Case Number
1509 of 2008
Procedural Posture
Civil / Ruling on Exception
Outcome
exception dismissed
Legal Topics
Compromise Agreements, Non Variation Clauses, Sale of Land, Exceptions Procedure
Source Language
English
Contract Law Civil Procedure Compromise Agreements Non Variation Clauses Sale of Land Exceptions Procedure

Case Brief

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Parties

SAAMSPAN FARMING CC

Plaintiff

Marlize Weakly

Defendant

Procedural Posture

Civil / Ruling on Exception

Legal Issues

  1. 1 Whether an oral compromise agreement is enforceable despite a non-variation clause in a written contract
  2. 2 Whether the particulars of claim disclose a cause of action

Ratio Decidendi

A valid compromise agreement was concluded between the parties, which extinguished the original cause of action and rendered the non-variation clause inapplicable; therefore, the particulars of claim disclose a cause of action and the exception cannot be upheld.

Court Disposition

exception dismissed