CIVIL PRACTICE – THE PLAINTIFF BEARS THE EVIDENTIAL BURDEN TO SUCCESSFULLY PROVE A CLAIM ON A BALANCE OF PROBABILITIES. Booysen v Quantum Investments 14 CC NAHCMD (27 July 2023)

The plaintiffs initiated action against the defendants on 6 December 2017. The initial claim details were amended during the proceedings. The second plaintiff (Quantum Investments Number Ten CC) claimed N$751,525 debt from the defendants for delivered building materials per a partly written, partly oral agreement, supported by an invoice dated 1 June 2015. The first plaintiff (Mr. Booysen) amended his claims against the defendants arising from the written agreement of sale.

Defendants, in their plea, rejected any agreement with the second plaintiff and alleged forgery of the relied-upon invoice. They contended the first defendant was dormant during . . .

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