ENFORCEMENT

Namibia

 

Case
Summary
Final Decision

This matter arises from a building contract entered by the appellant Dr. Anibal Da Cunha do Rogo & the respondent, JC Beerwinkel trading. A dispute arose between these parties as to monies allegedly owed by the appellant to the respondent and that dispute was submitted to arbitration. Mr.B successfully applied to court to have the resultant arbitration award made an order of court. Dr. Da Rego now appeals against the whole of the judgment and order made in the High Court.
Appeal is dismissed. The appellant’s heads of argument on appeal is granted. The appellant’s argument that the High Court erred in applying the rule that the litigant may not delay the administration of justice by insisting on chosen counsel without regard to the border context of the dispute between the parties & in particular, the delays that had beleaguered the arbitration, cannot be upheld. Given the application for the postponed, the appellant has not established that the High Court judge erred either on the law or the facts in refusing the application. The appellant’s argument that the arbitration could not be conducted because the conditions precedent set out in clause 26 of the building contract had not been met cannot be sustained. Plus the appellant has not established that the arbitration was tainted by a material irregularity.

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