№ files_lp_3_process_9_70137
High Court judgment determining the interpretation of clauses 8.8 and 8.9 of a commercial loan agreement and the enforceability of a surety’s liability arising from funding advanced for the Merensky Towers development.
Court: High Court of Namibia, Main Division, Windhoek
Case number: HC-MD-CIV-ACT-CON-2018/03324
Neutral citation: Standard Bank Namibia Limited v Bergh N.O [2023] NAHCMD 817
Parties: Standard Bank Namibia Limited v Stephanus Bergh N.O and Others
Judge: Miller AJ
Heard: 2 October 2023
Delivered: 12 December 2023
Subject matter: Contract law; interpretation of contractual clauses; suretyship; loan facility agreement
Loan amount: N$94 000 000 disbursed; N$36 502 901.62 outstanding
Interest rate: 11.5 per cent per annum from 30 September 2019
Relief granted: Payment of N$36 502 901.62 with interest and costs on attorney and client scale
Project financed: Construction of Merensky Towers residential apartments and parking spaces
Security in dispute: Irrevocable letter of undertaking dated 30 May 2016
Price: 8 / 10 USD
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