Payment and a daily amount awarded
A commercial claimant represented by Daniel Zahavi obtained a judgment ordering payment of NAf 36,281.77, together with statutory interest. The court also ordered the defendant to pay NAf 1,000 per day for a specified period ending upon delivery of a commercial building to the designated third party. Assessed litigation costs were awarded to the claimant, and the payment orders were declared provisionally enforceable.
The result gave the claimant a judicially recognised entitlement to the principal sum and the separate daily amount. It did not merely grant permission to take a procedural step. The judgment identified the defendant as the unsuccessful party for the purposes of the litigation-cost order.
An unanswered claim examined by the court
The defendant had an opportunity to file a statement of defence but did not do so. The court recorded that omission and considered the unopposed claim. It found the claim neither unlawful nor unfounded, subject to specific exceptions concerning additional costs. This was therefore a successful unopposed claim, rather than a judgment resolving competing factual accounts after a substantive defence.
The principal award carried statutory interest from 30 October 2008 until full payment. The daily amount ran from 12 October 2009 until delivery of the commercial building. The judgment does not establish when that delivery subsequently occurred, so it does not support a fixed total for the daily component.
Costs awarded, with defined exceptions
The court assessed recoverable litigation costs at NAf 1,800 in legal fees and NAf 2,546.15 in disbursements. The disbursements included NAf 750 in court fees; that court-fee figure was part of the total, not an additional award.
Two ancillary requests were refused. Costs relating to third-party attachments were rejected because the file did not demonstrate compliance with all required service formalities. Extrajudicial collection costs were also refused because it had not been sufficiently established that those costs were actually incurred. Those limitations accompanied the substantive payment orders.
The result and its limits
For the client, the documented outcome was a principal payment award, statutory interest, a separate daily payment obligation and assessed litigation costs. The decision does not establish subsequent receipt of money or completion of delivery. This historical result illustrates a successful commercial claim on its particular record; it is not a guarantee of results in another dispute. Contact ZL Attorneys to discuss the documents and remedies relevant to your matter.
Case summaries provide general information. Results depend on the facts, evidence and procedural position of each matter. Past outcomes do not guarantee results.
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