Soltec CC v Swakopmund Super Spar (1) (Ruling on Application for Absolution from Instance) (I 160 of 2015) [2016] NAHCMD 159 (3 June 2016)

Soltec CC v Swakopmund Super Spar (1) (Ruling on Application for Absolution from Instance) (I 160 of 2015) [2016] NAHCMD 159 (3 June 2016)

The court found that the plaintiff's evidence established a prima facie case on all elements of a contract for provision of services (locatio conductio operis), including the work to be performed, remuneration (even if not fixed), and time for performance. The evidence was sufficient to require the defendant to answer, and absolution from the instance was not warranted at this stage.

Citation
[2016] NAHCMD 159
Parties
Plaintiff: Soltec CC; Defendant: Swakopmund Super Spar
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
3 June 2016
Case Number
I 160 of 2015
Procedural Posture
Civil / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Application for absolution from the instance refused
Legal Topics
Absolution From the Instance, Oral Contracts, Locatio Conductio Operis, Consensus Ad Idem
Source Language
English
Civil Procedure Contract Law Absolution From the Instance Oral Contracts Locatio Conductio Operis Consensus Ad Idem

Case Brief

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Parties

Soltec CC

Plaintiff

Swakopmund Super Spar

Defendant

Procedural Posture

Civil / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case to survive absolution from the instance
  2. 2 Correct characterization of the contract between the parties (sale of goods vs. provision of services)
  3. 3 Whether all elements of the claim were covered by the plaintiff's evidence

Ratio Decidendi

The court found that the plaintiff's evidence established a prima facie case on all elements of a contract for provision of services (locatio conductio operis), including the work to be performed, remuneration (even if not fixed), and time for performance. The evidence was sufficient to require the defendant to answer, and absolution from the instance was not warranted at this stage.

Court Disposition

Application for absolution from the instance refused

Orders

  • The application for absolution from the instance is refused.
  • The defendant is ordered to pay the costs of the application, being of one instructing and one instructed counsel.