The invoice in the sum of N$486 287, 74 was, Mr Kamau pointed out, incorrect and should have been only for N$480 037, 35. It was in respect of expenses incurred in May 2008. It included an amount of N$180 101, 64 in respect S&T allowances for two delegates to Tripoli and Nigeria even though the preceding entries stated that one of the delegates had only travelled to Tripoli and not Nigeria. The invoice in respect of N$240 569, 82 was for expenses in July 2008, after the agreement had been terminated (on 13 June 2008). It included an S&T claim for two delegates in the sum of N$143 371 and was without any supporting documentation. The claim in the sum of N$64 616, 29 is merely specified as stating in regard of the (sic). It is also with ‘promotion contract’ reference to July 2008. Not one of these invoices is further specified with reference to documentation. Mr Kamau stated in evidence however that the sum N$64 161, 29 was in respect of professional fees for July 2008 and the balance for that month, on the assumption of the fee of N$153 089 (representing a 10% increase in respect of the fee of N$139 145). Mr Kamau stated that the Government was provided with supporting documentation. But this would not be payable if severance is paid to the defendant. Mr Kamau stated that the signature on the four invoices was that of Mr Kauaria, acknowledging that each of the sums was payable. Included in the first invoice was the sum of N$78 917, 90 in respect of the rental for the offices of the new authority. This is not an expense of the defendant and clearly not envisaged in the 2004 agreement but rather that of an entirely different entity. It was thus plainly not payable by the Government to the defendant. In terms of the 2004 agreement, the Government was liable to pay fees and recoverable ‘all expenses as stipulated in Article Article 7 provides for the payment of the 7.’ professional fee and does not include expenses for premises of the defendant’s
The invoice in the sum of N$486 287, 74 was, Mr Kamau pointed out, incorrect and should have been only for N$480 037, 35. It was in respect of expenses incurred in May 2008. It included an amount of N$180 101, 64 in respect S&T allowances for two delegates to Tripoli and Nigeria even though the preceding entries stated that one of the delegates had only travelled to Tripoli and not Nigeria. The invoice in respect of N$240 569, 82 was for expenses in July 2008, after the agreement had been terminated (on 13 June 2008). It included an S&T claim for two delegates in the sum of N$143 371 and was without any supporting documentation. The claim in the sum of N$64 616, 29 is merely specified as stating ‘promotion in regard of the contract’ (sic). It is also with reference to July 2008. Not one of these invoices is further specified with reference to documentation. Mr Kamau stated in evidence however that the sum N$64 161, 29 was in respect of professional fees for July 2008 and the balance for that month, on the assumption of the fee of N$153 089 (representing a 10% increase in respect of the fee of N$139 145). Mr Kamau stated that the Government was provided with supporting documentation. But this would not be payable if severance is paid to the defendant. Mr Kamau stated that the signature on the four invoices was that of Mr Kauaria, acknowledging that each of the sums was payable. Included in the first invoice was the sum of N$78 917, 90 in respect of the rental for the offices of the new authority. This is not an expense of the defendant and clearly not envisaged in the 2004 agreement but rather that of an entirely different entity. It was thus plainly not payable by the Government to the defendant. In terms of the 2004 agreement, the Government was liable to pay ‘all fees and recoverable expenses as stipulated in Article 7.’ Article 7 provides for the payment of the defendant’s professional fee and does not include expenses for premises of the
grn%20v%20the%20african%20civil%20aviation%20agency%20(pty)%20ltd%20(i%203298-2009)%20[2014]%20nahcmd%2045%20(12%20february%202014).docx