Gomeb v Minister of Safety and Security [2020] NAHCMD 416 (11 September 2020)

Gomeb v Minister of Safety and Security [2020] NAHCMD 416 (11 September 2020)

The plaintiff made out a prima facie case that he did not receive necessary medical treatment as required by law, and the evidence was not so improbable or unsatisfactory as to warrant absolution; thus, the application for absolution from the instance must fail.

Citation
[2020] NAHCMD 416
Parties
Plaintiff: Eliphas Gomeb; 1st Defendant: Minister of Safety & Security; 2nd Defendant: Raphael Amunyela; 3rd Defendant: Manfred Jatamuine; 4th Defendant: Barnabas; 5th Defendant: Iipinge; 6th Defendant: Toivo; 7th Defendant: Hendrik
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
11 September 2020
Procedural Posture
Civil Action Delict / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Application for absolution from the instance dismissed with costs; matter to proceed to trial.
Legal Topics
Absolution From the Instance, Medical Negligence, Prisoners' Rights, Damages, Burden of Proof
Source Language
English
Constitutional Law Delict Prison Law Absolution From the Instance Medical Negligence Prisoners' Rights Damages Burden of Proof

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Parties

Eliphas Gomeb

Plaintiff

Minister of Safety & Security

1st Defendant

Raphael Amunyela

2nd Defendant

Manfred Jatamuine

3rd Defendant

Barnabas

4th Defendant

Iipinge

5th Defendant

Toivo

6th Defendant

Hendrik

7th Defendant

Procedural Posture

Civil Action Delict / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff received necessary medical treatment while in custody
  2. 2 Whether the defendants are liable for damages for failure to provide medical care
  3. 3 Whether absolution from the instance should be granted at the close of plaintiff's case

Ratio Decidendi

The plaintiff made out a prima facie case that he did not receive necessary medical treatment as required by law, and the evidence was not so improbable or unsatisfactory as to warrant absolution; thus, the application for absolution from the instance must fail.

Court Disposition

Application for absolution from the instance dismissed with costs; matter to proceed to trial.

Orders

  • The application for absolution is dismissed with costs.
  • The matter is postponed to 21 October 2020 to determine dates for status hearing and for the allocation of dates for continuation of trial.