APB Property Services v Municipal Council of Windhoek (HC-MD-CIV-ACT-DEL-2017/01335) [2023] NAHCMD 759 (24 November 2023)

APB Property Services v Municipal Council of Windhoek (HC-MD-CIV-ACT-DEL-2017/01335) [2023] NAHCMD 759 (24 November 2023)

The plaintiffs failed to prove that the contract was varied or that they were authorised, expressly or tacitly, to value and claim payment for properties not listed in List A. The contract terms were clear and binding, and any additional work was done at the plaintiffs' own risk. The claim for additional payment...

Source-derived case information.

Citation
[2023] NAHCMD 759
Parties
Plaintiff: APB Property Services; Plaintiff: Albert Brockerhoff; Defendant: Municipal Council of Windhoek; Defendant: Management Committee of Municipal Council of Windhoek; Defendant: Chairperson of the Management Committee of the Municipal Council of Windhoek; Defendant: Tender Board of Municipal Council of Windhoek
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
24 November 2023
Case Number
HC-MD-CIV-ACT-DEL-2017/01335
Procedural Posture
Civil Action (delict/contract) / Judgment After Trial
Outcome
claim dismissed
Legal Topics
Breach of Contract, Scope of Contractual Obligations, Public Tender, Valuation of Property, Onus of Proof
Source Language
english
Contract Law Public Procurement Breach of Contract Scope of Contractual Obligations Public Tender Valuation of Property Onus of Proof

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Parties

APB Property Services

Plaintiff

Albert Brockerhoff

Plaintiff

Municipal Council of Windhoek

Defendant

Management Committee of Municipal Council of Windhoek

Defendant

Chairperson of the Management Committee of the Municipal Council of Windhoek

Defendant

Tender Board of Municipal Council of Windhoek

Defendant

Procedural Posture

Civil Action (delict/contract) / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiffs were contractually entitled to payment for valuation of additional properties not listed in the original contract (List A)
  2. 2 Whether the contract was varied to include additional properties
  3. 3 Whether the plaintiffs proved an express or tacit agreement for additional payment

Ratio Decidendi

The plaintiffs failed to prove that the contract was varied or that they were authorised, expressly or tacitly, to value and claim payment for properties not listed in List A. The contract terms were clear and binding, and any additional work was done at the plaintiffs' own risk. The claim for additional payment must fail.

Court Disposition

claim dismissed

Orders

  • The plaintiffs' claim is dismissed.
  • The plaintiffs must pay the first defendant’s cost of suit jointly and severally, the one paying the other to be absolved.