[69] Ms. David, in my view, was a very good witness and who was not in any way dislodged or unhinged by the cross-examination. Her evidence was adduced and I cannot for any reason disbelieve her, neither did Mr. Ngula, in fairness to him, contend otherwise, nor could he legitimately do so. [70] What cannot be wished away is that the plaintiff did lose business and eventually closed the business as a result of the unlawful actions of the charges in two defendants’ ways, viz taking the money for stock and secondly, by unlawfully impounding the plaintiff’s vehicle. It was his evidence that these twin factors rendered him unable to continue doing the business because he did not have the money to hire alternative transport and also his power to buy sufficient stock was impaired and eventually hamstrung. This cannot be doubted on the evidence. [71] Doing the best I can in the circumstances, I am of the considered view that the evidence of Ms. David can be relied on for establishing what would be fair to award to the plaintiff in the circumstances. I am of the view that due to the market forces and the unpredictable nature of the business, an award between the best and worst days would be a fair amount to grant in the circumstances. As earlier stated, on good days, the best amount was N$ 6000 and on bad days, it was N$ 1500. An amount of N$ 3 000 per day would, in my considered opinion be condign, in the absence of documentary evidence as previously stated. [72] In the premises, I am of the considered view that it was established in evidence and not denied that the vehicle was impounded for a period of 30 weeks. For this reason, I am of the view that calculation of the collections made at N$ 3 000 per week would
[69] Ms. David, in my view, was a very good witness and who was not in any way dislodged or unhinged by the cross-examination. Her evidence was adduced and I cannot for any reason disbelieve her, neither did Mr. Ngula, in fairness to him, contend otherwise, nor could he legitimately do so. [70] What cannot be wished away is that the plaintiff did lose business and eventually closed the business as a result of the unlawful actions of the defendants’ charges in two ways, viz taking the money for stock and secondly, by unlawfully impounding the plaintiff’s vehicle. It was his evidence that these twin factors rendered him unable to continue doing the business because he did not have the money to hire alternative transport and also his power to buy sufficient stock was impaired and eventually hamstrung. This cannot be doubted on the evidence. [71] Doing the best I can in the circumstances, I am of the considered view that the evidence of Ms. David can be relied on for establishing what would be fair to award to the plaintiff in the circumstances. I am of the view that due to the market forces and the unpredictable nature of the business, an award between the best and worst days would be a fair amount to grant in the circumstances. As earlier stated, on good days, the best amount was N$ 6000 and on bad days, it was N$ 1500. An amount of N$ 3 000 per day would, in my considered opinion be condign, in the absence of documentary evidence as previously stated. [72] In the premises, I am of the considered view that it was established in evidence and not denied that the vehicle was impounded for a period of 30 weeks. For this reason, I am of the view that calculation of the collections made at N$ 3 000 per week would