Law Society of Namibia v Kamwi (2) [2020] NAHCMD 301 (21 July 2020)

Law Society of Namibia v Kamwi (2) [2020] NAHCMD 301 (21 July 2020)

The refusal to stay civil proceedings pending criminal proceedings is not an appealable order because it does not grant definitive and distinct relief nor dispose of any substantial portion of the relief claimed in the main proceedings, thus failing the test for appealability under established legal principles.

Citation
[2020] NAHCMD 301
Parties
Applicant: Manga Nawa-Mukena; First Respondent: Multichoice Namibia (Pty) Ltd; Second Respondent: Namflex Pension Preservation Fund; Third Respondent: Namflex Provident Preservation Fund; Fourth Respondent: Namflex Retirement Annuity Fund
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
21 July 2020 21 July 2020 18 June 2020
Procedural Posture
Application for Leave to Appeal / Ruling on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Appealability of Orders, Stay of Proceedings, Interlocutory Orders
Source Language
English
Civil Procedure Appealability of Orders Stay of Proceedings Interlocutory Orders

Case Brief

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Parties

Manga Nawa-Mukena

Applicant

Multichoice Namibia (Pty) Ltd

First Respondent

Namflex Pension Preservation Fund

Second Respondent

Namflex Provident Preservation Fund

Third Respondent

Namflex Retirement Annuity Fund

Fourth Respondent

Procedural Posture

Application for Leave to Appeal / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the order refusing a stay of civil proceedings pending criminal proceedings is appealable under s 18(3) of the High Court Act, 16 of 1990

Ratio Decidendi

The refusal to stay civil proceedings pending criminal proceedings is not an appealable order because it does not grant definitive and distinct relief nor dispose of any substantial portion of the relief claimed in the main proceedings, thus failing the test for appealability under established legal principles.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs, such costs to include one instructed and one instructing legal counsel.