CIVIL LAW, PRACTICE, AND PROCEDURE – DEFENDANT’S APPLICATION FOR LEAVE TO GIVE ORAL EVIDENCE AT THE TRIAL IN TERMS OF RULE 93(5) – WHAT CONSTITUTE ‘GOOD CAUSE’. Kerii Architects & Designers v Nice Consulting Engineers (Pty) Ltd (28 April 2023)

Reasons for Orders: Practice Directive 61

The plaintiff instituted action against the defendant claiming payment in the amount of N$200 160.64, plus interest and costs of suit. In the particulars of claim, the plaintiff alleged that the parties had on or about 10 August 2020, entered into an oral agreement in terms of which the plaintiff was to provide architectural and design services in respect of a certain project for the Ministry of Higher Education, Technology and Innovation. The plaintiff asserted that the defendant repudiated the agreement and as a result thereof, the plaintiff suffered damages . . .

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