APB Property Services v Municipal Council of Windhoek (HC-MD-CIV-ACT-DEL-2017/01335) [2023] NAHCMD 759 (24 November 2023)
Court
High Court Main Division
Case number
HC-MD-CIV-ACT-DEL-2017/01335
The court dismissed a tender claim for payment for extra property valuations, finding the plaintiffs went beyond the contract and proved no authority for the additional work.
UAG Investments (Pty) Ltd v Footage Investments (Pty) Ltd and Another (HC-MD-CIV-ACT-CON-2023/00897) [2023] NAHCMD 689 (30 October 2023)
Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON-2023/00897
The defendants established the existence of a written agreement with an arbitration clause applicable to the dispute, no special preconditions for arbitration were required, and the dispute was properly demarcated. The arbitration clause survives cancellation or purported cancellation. The special plea is not interlocutory and not subject to rule 32(11). The action is stayed pending arbitration.
Ashikuni v Old Mutual Namibia and Another (HC-MD-CIV-ACT-CON-2022/01582) [2023] NAHCMD 670 (20 October 2023)
Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON-2022/01582
The High Court held that an insured party had to provide material information requested for a claim assessment, and dismissed the insurance claim with costs.
Arch Resources (Pty) Ltd v Candino Mining & Construction CC and Another (HC-MD-CIV-ACT-CON-2023/00932) [2023] NAHCMD 647 (13 October 2023)
Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON-2023/00932
The High Court upheld an exception in a contract claim, finding the particulars did not match the annexed agreement and the suretyship was inadequately pleaded.
Adforce Namibia CC v Blackthorn Investments (Pty) Ltd and Others (HC-MD-CIV-ACT-CON-2019/03391) [2023] NAHCMD 640 (11 October 2023)
Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON-2019/03391
The AOD was validly executed by a majority of the first defendant's directors/shareholders, who had not formally resigned at the time. The AOD constituted an enforceable acknowledgment of debt, not subject to the alleged condition of further payment. The first defendant's defences based on lack of authority, resignation, or breach of shareholder agreement were rejected. The debt became payable on demand after the opening of the Centurion store, and the first defendant failed to perform.
Zannier Hotels Namibia (Pty) Ltd t/a Sonop Lodge v Day Dreamers Investments CC (HC-MD-CIV-ACT-CON-2023/02113) [2023] NAHCMD 606 (29 September 2023)
Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON-2023/02113
The applicant is entitled to summary judgment for the return of the vehicle as the respondent failed to substantiate its lien with an invoice or amount, and the only amounts payable were those already quoted and paid. The damages claim is not suitable for summary judgment as it does not fall within the permissible categories under rule 60.
Zannier Hotels Namibia (Pty) Ltd t/a Sonop Lodge v Day Dreamers Investments CC and Others (HC-MD-CIV-ACT-CON-2023/02159) [2023] NAHCMD 552 (7 September 2023)
Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON-2023/02159
The High Court refused summary judgment in a damages claim over alleged fraudulent VAT charges, finding the defendants had raised a possible bona fide defence.
Zhong-Mei Engineering (Pty) Ltd v Grand Trading CC (SA 24/2021) [2023] NASC 24 (18 July 2023)
Court
Supreme Court
Case number
SA 24/2021
The Supreme Court held that Zhong-Mei failed to prove payments beyond those already accepted as being for Grand Trading’s consultancy agreement, and dismissed the appeal with costs.
University of Namibia v Katewa (HC-MD-CIV-ACT-CON-2019/00375) [2023] NAHCMD 216 (24 April 2023)
Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON-2019/00375
The High Court granted UNAM leave to amend its particulars of claim in a contract damages action, finding the change did not create a new cause of action.
Zimny v van Wyk and Others (HC-MD-CIV-ACT-CON-2021/02437) [2023] NAHCMD 170 (15 April 2023)
Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON-2021/02437
The defendant was contractually obliged to pay VAT in addition to the purchase price if the transaction was not zero rated. The contract clearly placed the responsibility to register for VAT on the defendant, who failed to do so and took transfer of the property. The defendant's reliance on alleged advice from the third parties did not absolve him of his contractual obligations. The third parties were not liable to indemnify the defendant for the VAT, as the defendant's own inaction was the cause of his loss. However, the third parties were liable for the overpayment of transfer duties, as th…
