Buildhard Services (Pty) Ltd t/a E Hard-Build Centre v Muukua (Ruling) (1586 of 2016) [2018] NAHCMD 120 (8 May 2018)

Buildhard Services (Pty) Ltd t/a E Hard-Build Centre v Muukua (Ruling) (1586 of 2016) [2018] NAHCMD 120 (8 May 2018)

There is evidence on record upon which a court, applying its mind reasonably, could or might find for the plaintiff; therefore, absolution from the instance is not warranted at this stage.

Citation
[2018] NAHCMD 120
Parties
Plaintiff: The Buildhard Services (Pty) Ltd t/a E Hard-Build Centre; Defendant: Chrechen Muukua
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
8 May 2018
Case Number
1586 of 2016
Procedural Posture
Civil / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
application for absolution from the instance dismissed with costs
Legal Topics
Absolution From the Instance, Suretyship, Credit Facility Liability
Source Language
English
Civil Procedure Contract Absolution From the Instance Suretyship Credit Facility Liability

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Parties

The Buildhard Services (Pty) Ltd t/a E Hard-Build Centre

Plaintiff

Chrechen Muukua

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether there is evidence on record upon which a court applying its mind reasonably could or might find for the plaintiff at the close of the plaintiff’s case
  2. 2 Whether the payment made by the builder was on behalf of the defendant, thereby releasing her from liability under the suretyship

Ratio Decidendi

There is evidence on record upon which a court, applying its mind reasonably, could or might find for the plaintiff; therefore, absolution from the instance is not warranted at this stage.

Court Disposition

application for absolution from the instance dismissed with costs

Orders

  • The application for absolution from the instance is dismissed with costs, including the costs of one instructing and one instructed counsel.