Zhong-Mei Engineering (Pty) Ltd v Grand Trading CC (SA 24/2021) [2023] NASC 24 (18 July 2023)

Zhong-Mei Engineering (Pty) Ltd v Grand Trading CC (SA 24/2021) [2023] NASC 24 (18 July 2023)

Zhong-Mei failed to prove, on a balance of probabilities, that payments beyond the three identified by the court a quo were made in respect of the consultancy agreement with Grand Trading. Documentary evidence and the nature of invoices supported Grand Trading’s position that other payments related to separate construction projects. The onus of proof was not discharged by Zhong-Mei.

Citation
[2023] NASC 24
Parties
Appellant: Zhong–Mei Engineering (Pty) Ltd; Respondent: Grand Trading CC
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
18 July 2023
Case Number
SA 24/2021
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Proof of Payment, Onus of Proof, Consultancy Agreements, Appropriation of Payments
Source Language
English
Contract Law Civil Procedure Proof of Payment Onus of Proof Consultancy Agreements Appropriation of Payments

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Parties

Zhong–Mei Engineering (Pty) Ltd

Appellant

Grand Trading CC

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether Zhong-Mei Engineering (Pty) Ltd proved payment of the full amount due to Grand Trading CC under the consultancy agreement
  2. 2 Whether payments made to third parties or in cash constituted valid discharge of the debt owed to Grand Trading CC

Ratio Decidendi

Zhong-Mei failed to prove, on a balance of probabilities, that payments beyond the three identified by the court a quo were made in respect of the consultancy agreement with Grand Trading. Documentary evidence and the nature of invoices supported Grand Trading’s position that other payments related to separate construction projects. The onus of proof was not discharged by Zhong-Mei.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs, including costs of one instructing and one instructed legal practitioner.