Camp Damaraland was a success in the market from the first opening of its doors. In accordance with the original agreement, Wilderness Safaris began, after 10 years of operation, to donate 20% of equity to the Torra Conservancy each year. By the end of 15 years, Torra owned the lodge 100%. So Wilderness made an offer to buy 60% of Damaraland Camp (Pty) Ltd from Torra, which it did. [23] I agree that the exception should be, as far as possible, technical and superficial, which would not affect the defendant or reveal a means that a mere amendment cannot cure. 1.2 Second argument: the grievance refers to the defendant as a joint venture that is not a legal entity likely to be sued under Namibian law; [25] The concept of joint venture was discussed in Gihwala e.a./Grancy Property Ltd e.a.10, and the Tribunal found that not all joint ventures are considered a partnership, that the distinction between a joint venture and a partnership is sometimes blurred, and that sometimes what is called a joint venture is in fact a partnership in which the essential issues are accordingly present. “We therefore require, as we do, that you comply with the agreement, which has no legal action for practical delivery, and claims will be filed immediately if you do not respond to this request within 10 (ten) days of receiving this letter.” On June 10, 2016, the defendant wrote a letter to the applicant stating, among other things, that it was not possible to reach an agreement on the final value of the contract and regretted informing the applicant that the execution of the warrant could not be attributed to the applicant. [26] On page 366 B-C at paragraph 61, Wallis YES described a joint venture as follows: The first 100% Community project in Namibia was led by ≠Khoadi-/Heasncy Conservancy and their management partner EcoLodgistix. how to make their relationship work and how to respond to the challenges they face as partners in this project, while ensuring that Grootberg Lodge thrives. Fortunately, the lodge is doing well and the two partners have signed a Memorandum of Understanding to continue the collaboration for a new five-year period. 7. Parties are invited to submit a joint report on the overall state three (3) days before the next date of negotiations. [20] It is generally the case that the proposed contract relates to CMC/Otesa Joint Venture and refers to the CMC/Otesa joint venture in the correspondence between the defendants, while the information relates to the CMC/OTESA Civil Engineering (Pty) Ltd.

joint venture. On May 11, 2016, the defendant forwarded a draft definitive contract to the applicant. On May 12, 2016, the applicant informed the defendant that the proposed contract had been considered by the applicant and that the applicant was willing to sign it. During about the same period, the defendant entered into another agreement with the applicant regarding the supply of transportation concrete for the project.