Ekandjo v O'B Davids Properties CC (HC-MD-CIV-ACT-DEL- 381 of 2020) [2021] NAHCMD 448 (1 October 2021)

Ekandjo v O'B Davids Properties CC (HC-MD-CIV-ACT-DEL- 381 of 2020) [2021] NAHCMD 448 (1 October 2021)

The arbitration clause in the agreement is broad and covers disputes relating to the building, including the plaintiff's damages claim. The plaintiff failed to demonstrate exceptional circumstances to prevent referral to arbitration. The special plea is upheld and the action is stayed pending arbitration.

Source-derived case information.

Citation
[2021] NAHCMD 448
Parties
Plaintiff: Simon Petrus Kashupulwa Ekandjo; Defendant: O'B Davids Properties CC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
1 October 2021
Case Number
HC-MD-CIV-ACT-DEL- 381 of 2020
Procedural Posture
Civil Action (delict/damages) / Ruling on Special Plea (arbitration)
Outcome
special plea upheld; action stayed pending arbitration
Legal Topics
Arbitration Clauses, Stay of Proceedings, Enforcement of Contract Terms
Source Language
english
Contract Law Arbitration Arbitration Clauses Stay of Proceedings Enforcement of Contract Terms

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Simon Petrus Kashupulwa Ekandjo

Plaintiff

O'B Davids Properties CC

Defendant

Procedural Posture

Civil Action (delict/damages) / Ruling on Special Plea (arbitration)

Legal Issues

  1. 1 Whether the dispute falls within the scope of the arbitration clause in the agreement
  2. 2 Whether there are exceptional circumstances to refuse referral to arbitration

Ratio Decidendi

The arbitration clause in the agreement is broad and covers disputes relating to the building, including the plaintiff's damages claim. The plaintiff failed to demonstrate exceptional circumstances to prevent referral to arbitration. The special plea is upheld and the action is stayed pending arbitration.

Court Disposition

special plea upheld; action stayed pending arbitration

Orders

  • The special plea is upheld with costs, including costs of one instructing and one instructed counsel.
  • The action is stayed pending arbitration proceedings in terms of clause 15 of the Sale and Building Agreement.