Velile Construction CC v Municipal Council Of Windhoek (HC-MD-CIV-ACT-CON- 2916 of 2019) [2021] NAHCMD 463 (5 October 2021)

Velile Construction CC v Municipal Council Of Windhoek (HC-MD-CIV-ACT-CON- 2916 of 2019) [2021] NAHCMD 463 (5 October 2021)

The dispute arises from the contract containing an arbitration clause, which survives the termination of the main contract. The parties intended disputes to be resolved by arbitration, as evidenced by their conduct and agreements. The special plea is upheld and the matter must proceed to arbitration.

Source-derived case information.

Citation
[2021] NAHCMD 463
Parties
Plaintiff: Velile Construction CC; Defendant: Municipal Council Of Windhoek
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
5 October 2021
Case Number
HC-MD-CIV-ACT-CON- 2916 of 2019
Procedural Posture
Civil (contract) / Ruling on Special Plea (arbitration)
Outcome
Special plea upheld; matter referred to arbitration; case finalized and removed from the roll.
Legal Topics
Arbitration Clauses, Special Plea, Retention Fees, Dispute Resolution
Source Language
english
Contract Law Civil Procedure Arbitration Clauses Special Plea Retention Fees Dispute Resolution

Source-derived case record

Summary, issues, holding and outcome

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Parties

Velile Construction CC

Plaintiff

Municipal Council Of Windhoek

Defendant

Procedural Posture

Civil (contract) / Ruling on Special Plea (arbitration)

Legal Issues

  1. 1 Whether the dispute should be referred to arbitration as per the contract's arbitration clause
  2. 2 Whether the arbitration clause survives the termination of the main contract
  3. 3 Whether the court should uphold the special plea of arbitration

Ratio Decidendi

The dispute arises from the contract containing an arbitration clause, which survives the termination of the main contract. The parties intended disputes to be resolved by arbitration, as evidenced by their conduct and agreements. The special plea is upheld and the matter must proceed to arbitration.

Court Disposition

Special plea upheld; matter referred to arbitration; case finalized and removed from the roll.

Orders

  • The special plea is upheld with costs, including costs of one instructing and one instructed counsel.
  • The wasted costs of 13 September 2021 are awarded to Plaintiff.