Spesbona Construction and Renovations CC v Alutech Namibia CC (HC-MD-CIV-ACT-CON- 3064 of 2019) [2021] NAHCMD 141 (31 March 2021)

Spesbona Construction and Renovations CC v Alutech Namibia CC (HC-MD-CIV-ACT-CON- 3064 of 2019) [2021] NAHCMD 141 (31 March 2021)

The defendant's failure or refusal to perform its obligations under the oral subcontractor agreement constituted a breach of contract, entitling the plaintiff to restitution of the advance payment made.

Citation
[2021] NAHCMD 141
Parties
Plaintiff: Spesbona Construction and Renovations CC; Defendant: Alutech Namibia CC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
31 March 2021
Case Number
HC-MD-CIV-ACT-CON- 3064 of 2019
Procedural Posture
Civil Action (contract) / Judgment After Trial
Outcome
judgment for the plaintiff; defendant's counterclaim dismissed
Legal Topics
Breach of Contract, Subcontractor Liability, Repudiation, Restitution of Advance Payment
Source Language
English
Contract Law Breach of Contract Subcontractor Liability Repudiation Restitution of Advance Payment

Case Brief

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Parties

Spesbona Construction and Renovations CC

Plaintiff

Alutech Namibia CC

Defendant

Procedural Posture

Civil Action (contract) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant breached the oral subcontractor agreement by failing or refusing to perform its obligations.
  2. 2 Whether the plaintiff is entitled to restitution of the advance payment made to the defendant.

Ratio Decidendi

The defendant's failure or refusal to perform its obligations under the oral subcontractor agreement constituted a breach of contract, entitling the plaintiff to restitution of the advance payment made.

Court Disposition

judgment for the plaintiff; defendant's counterclaim dismissed

Orders

  • Plaintiff succeeds in its claim.
  • Defendant’s counterclaim is dismissed.