REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 1771/2013 In the matter between: CHRISTIAAN ELIA BURGER PLAINTIFF and WOLF HUBERTUS GUNTER BÖWIG DEFENDANT Neutral citation: Burger v (I 1771/2013) [2014] NAHCMD 268 (16 September 2014) Coram: PARKER AJ Heard: 28, 29, 31 July 2014 Delivered: 16 September 2014 Flynote: Contract Rectification Essential allegations that should be set out – – and proved in claim for rectification Terms of lease agreement lifted from a – lease agreement obtained from a legal practitioner and parties drafted their agreement by a process of cutting and pasting Parties agreed that their agreement – was misrecorded in three clauses But defendant resisted rectification of two other – clauses Court held that on the facts and in the circumstances it was more probable – than not that those two clauses also did not reflect the common intention of the parties and so the probabilities favoured the version of the plaintiff that the parties did not agree upon those clauses Consequently, court granted plaintiff rectification. – Summary: Contract Rectification Essential allegations that should be set out – – and proved in claim for rectification Terms of lease agreement lifted holus bolus – from a pre-prepared lease agreement obtained from a legal practitioner and parties drafted their agreement by a process of cutting and pasting Parties agreed that – their agreement was misrecorded in three clauses But defendant resisted –
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 1771/2013 In the matter between: CHRISTIAAN ELIA BURGER PLAINTIFF and WOLF HUBERTUS GUNTER BÖWIG DEFENDANT Neutral citation: Burger v (I 1771/2013) [2014] NAHCMD 268 (16 September 2014) Coram: PARKER AJ Heard: 28, 29, 31 July 2014 Delivered: 16 September 2014 Flynote: Contract – Rectification – Essential allegations that should be set out and proved in claim for rectification – Terms of lease agreement lifted from a lease agreement obtained from a legal practitioner and parties drafted their agreement by a process of cutting and pasting – Parties agreed that their agreement was misrecorded in three clauses – But defendant resisted rectification of two other clauses – Court held that on the facts and in the circumstances it was more probable than not that those two clauses also did not reflect the common intention of the parties and so the probabilities favoured the version of the plaintiff that the parties did not agree upon those clauses – Consequently, court granted plaintiff rectification. Summary: Contract – Rectification – Essential allegations that should be set out and proved in claim for rectification – Terms of lease agreement lifted holus bolus from a pre-prepared lease agreement obtained from a legal practitioner and parties drafted their agreement by a process of cutting and pasting – Parties agreed that their agreement was misrecorded in three clauses – But defendant resisted
Burger%20v%20Bowig%20(I%201771-2013)%20[2014]%20NAHCMD%20268%20(16%20September%202014).docx