CONTRACTS – BREACH OF – PARTY ALLEGING BREACH MUST ALLEGE AND PROVE SAME – LITIGANTS BOUND BY ISSUES PLEADED – COURTS BOUND BY PLEADINGS AS FACTS RELIED ON BY PARTIES

Development Bank of Namibia v Leap Manufacturing Namibia (Proprietary) Limited NAHCMD (17 February 2023)

 

 

The first defendant, the alter ego of the second defendant, decided to commence a business venture in the manufacturing and retail of clothing at certain specified outlets in the Grovel Mall in Windhoek and later a later stage in Swakopmund, Namibia. The retail outlets traded under the name and style of “My Republic”. In order to secure funding, it approached the plaintiff for funds and submitted a comprehensive business plan in terms of which the . . .

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