Namibia Case Law

Nirwana Trading Enterprises CC v Murorua (HC-MD-CIV-ACT-OTH- 1067 of 2022)

Nirwana Trading Enterprises CC v Murorua (HC-MD-CIV-ACT-OTH- 1067 of 2022) [2022] NAHCMD 584 (24 October 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 1067 of 2022

The oral settlement agreement reached during mediation is binding and enforceable as consensus was reached and there was no precondition that the agreement be reduced to writing or signed. The defendants' constitutional rights are not violated by enforcement, as they have not substantiated any such violation. The Formalities of Sale of Land Act does not apply because the agreement is not a contract of sale of land but compels nominee owners to effect transfer to beneficial owners.

Source excerpt

• Enforcement of settlement agreements
• Mediation
• Oral contracts
• Constitutional rights
• Sale of land formalities

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Geomar Consult CC v China Harbour Engineering Company Ltd Namibia and Others (I 2115 of 2015)

Geomar Consult CC v China Harbour Engineering Company Ltd Namibia and Others (I 2115 of 2015) [2021] NAHCMD 455 (5 August 2021)

Court

High Court Main Division

Case number

I 2115 of 2015

Plaintiff established existence of an oral agreement for the pre-tendering stage on the ground of reasonable reliance, but failed to prove a fixed amount or sufficient evidence of expenses. Quantum meruit applies, and a fair and reasonable amount of N$200,000 is awarded. No valid agreement was established for the post award stage.

Source excerpt

• Oral contracts
• Quantum meruit
• Proof of contract
• Contractual damages

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Neis v Kasuma (2) (HC-MD-CIV-ACT-CON- 939 of 2017)

Neis v Kasuma (2) (HC-MD-CIV-ACT-CON- 939 of 2017) [2020] NAHCMD 502 (4 November 2020)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 939 of 2017

The court refused a late amendment introducing a new case, held the oral contract was insufficiently pleaded, dismissed the house-or-money claim, and awarded N$15,000.

• Amendment of pleadings
• Oral contracts
• Specific performance
• Damages
• Absolution from the instance
• Amendment-of-pleadings

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Soltec CC v Swakopmund Super Spar (1) (Ruling on Application for Absolution from Instance) (I 160 of 2015)

Soltec CC v Swakopmund Super Spar (1) (Ruling on Application for Absolution from Instance) (I 160 of 2015) [2016] NAHCMD 159 (3 June 2016)

Court

High Court Main Division

Case number

I 160 of 2015

The High Court refused absolution from the instance, finding the plaintiff had made a prima facie case on an oral services contract.

• Absolution from the instance
• Oral contracts
• Locatio conductio operis
• Consensus ad idem
• Absolution-from-the-instance
• Oral-contracts

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Yomena v S W Motors (227 of 1997)

Yomena v S W Motors (227 of 1997) [1997] NAHC 13 (12 February 1997)

Court

High Court

Case number

227 of 1997

The High Court of Namibia upheld a claim for the unpaid balance on an oral vehicle-sale agreement, finding the defendant failed to prove alleged payment conditions.

• Agency
• Oral contracts
• Burden of proof
• Contract-law
• Oral-contracts
• Burden-of-proof

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