№ files_lp_4_process_3_103647
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Judicial decision of the High Court of Namibia addressing the existence of a contractual agreement between a supplier and a transport business and applying the doctrine of quasi-mutual assent to determine liability for payment under a disputed credit arrangement.
Year: 2019
Country: Namibia
City: Windhoek
Court: High Court of Namibia, Main Division, Windhoek
Case number: HC-MD-CIV-ACT-CON-2016/03741
Neutral citation: Henred Fruehauf Trailers (Pty) Ltd v Enkali [2019] NAHCMD 392
Judge: Kangueehi AJ
Parties: Henred Fruehauf Trailers (Pty) Ltd (Plaintiff) v Petrus Phillipus Enkali (Defendant)
Legal field: Contract law
Subject matter: Existence of a contract, offer and acceptance, tacit agreement, quasi-mutual assent
Type of document: Court judgment
Hearing date: 3 September 2019
Delivery date: 30 September 2019
Key issue: Determination of whether a valid agreement existed between the parties for the supply of goods and services on credit
Claim amount: N$70,583.55
Procedural status: Separation of merits and quantum ordered by the court
Order summary: Court found that an agreement existed between the parties, ordered the defendant to pay the plaintiff’s legal costs, and postponed the matter for determination of quantum
Price: 8 / 10 USD
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Judgment in Enkali v Kahuure (I 3099/2015) [2019] NAHCMD 264 (31 July 2019)
Country: Republic of Namibia
Court: High Court of Namibia, Main Division, Windhoek
Case Number: I 3099/2015
Neutral Citation: Enkali v Kahuure (I 3099/2015) [2019] NAHCMD 264
Coram: Masuku J
Heard: 25–29 September 2017; 29–30 January 2018; 23 March 2018; 31 July 2018
Delivered: 31 July 2019
Parties: Paulus Enkali (Plaintiff) v Thimon Kahuure (First Defendant), Kapena Zaombo (Second Defendant), Tjivi Mueze (Third Defendant), Kuveri Tjihero (Fourth Defendant), Council for the Municipality of Windhoek (Fifth Defendant)
Subject Matter: Law of evidence; Law of Property; Stamp Duties Act; Rules of the High Court
Type of Document: Court Judgment
Property Concerned: Erf 7051, Rafidim Street, Katutura, Windhoek
Relief Sought: Eviction; Declaratory order of ownership; Transfer of immovable property; Costs
Outcome: Plaintiff’s claim dismissed; First Defendant declared owner; Counterclaim upheld with costs
Legal Issues: Credibility of witnesses; burden of proof on a balance of probabilities; applicability of Stamp Duties Act to agreements for sale of immovable property; raising of new legal issues at closing submissions
Order Date: 31 July 2019
Henred Fruehauf Trailers (Pty) Ltd v Royal Trailers CC: Summary Judgment Refusal, 13 December 2024
Year: 2024
Jurisdiction: Namibia, Windhoek
Document type: Court Judgment
Court division: High Court, Main Division
Case number: HC-MD-CIV-ACT-CON-2024/02495
Parties: Henred Fruehauf Trailers (Pty) Ltd (Plaintiff); Royal Trailers CC (First Defendant); Rhyno Lazarus (Second Defendant)
Judge: Honourable Justice Schimming-Chase
Filed on: 13 December 2024
Decision: Summary judgment refused; defendants granted leave to defend
Next hearing date: 3 February 2025
Claims: Breach of written credit agreement, payment of N$199,377.69, interest, legal costs
Period of transactions: 5 September 2023 – 16 November 2023
Documents attached: Affidavits, proof of payments (Annexures B1, B2, B3)
Henred Fruehauf Trailers (Pty) Ltd v Royal Trailers CC: Summary Judgment Refusal, 13 December 2024
Year: 2024
Jurisdiction: Namibia, Windhoek
Document type: Court Judgment
Court division: High Court, Main Division
Case number: HC-MD-CIV-ACT-CON-2024/02495
Parties: Henred Fruehauf Trailers (Pty) Ltd (Plaintiff); Royal Trailers CC (First Defendant); Rhyno Lazarus (Second Defendant)
Judge: Honourable Justice Schimming-Chase
Filed on: 13 December 2024
Decision: Summary judgment refused; defendants granted leave to defend
Next hearing date: 3 February 2025
Claims: Breach of written credit agreement, payment of N$199,377.69, interest, legal costs
Period of transactions: 5 September 2023 – 16 November 2023
Documents attached: Affidavits, proof of payments (Annexures B1, B2, B3)
Topics: Enkali Henred Fruehauf