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Namibia decisions
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S v Mouton (CR 120 of 2022) [2022] NAHCMD 612 (11 November 2022)
High Court review set aside a conviction and sentence after finding that an unrepresented accused’s formal admissions were not properly explained before questioning.
Tjiriange v Minister of Safety and Security (HC-MD-CIV-ACT-DEL- 5034 of 2019) [2022] NAHCMD 629 (11 November 2022)
The High Court of Namibia dismissed a prisoner's delict claim for assault, finding he did not prove on a balance of probabilities that the alleged assault occurred.
Shilamba v Chidino Cha Luchindo (Pty) Ltd (HC-MD-CIV-ACT-OTH- 1230 of 2022) [2022] NAHCMD 611 (10 November 2022)
The High Court dismissed a summary judgment application after finding bona fide factual disputes and counterclaims over alleged company payments and shareholder-register rectification.
Kalunga v Haimbodi (HC-NLD-CIV-ACT-DEL 96 of 2022) [2022] NAHCNLD 121 (10 November 2022)
The first defendant has raised triable issues of fact regarding her rights and expectations to the land and homestead, and is not an outsider to the property. Therefore, summary judgment is refused to allow both parties to present their cases.
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Marula Game Range Pty (Ltd) v Liebenberg (HC-MD-LAB-APP-AAA 33 of 2021) [2022] NALCMD 70 (10 November 2022)
Labour appeal over unfair dismissal. The Labour Court held the arbitrator wrongly ignored the internal disciplinary record and upheld the dismissal.
Naanda v Fredrik (HC-MD-CIV-ACT-CON- 4242 of 2018) [2022] NAHCMD 610 (8 November 2022)
The High Court held that a sale of jointly owned immovable property by one spouse without the other’s consent was void, as the buyer failed to make reasonable enquiries.
Akwenye v Letshego Bank Namibia Limited (HC-MD-LAB-MOT-GEN 147 of 2022) [2022] NALCMD 69 (8 November 2022)
The Labour Court dismissed an application for condonation because no appeal was properly before it and the founding affidavit did not support relief.
Atlantic Ocean Management (Pty) Ltd v Prosecutor General (HC-MD-CIV-MOT-GEN 172 of 2017) [2022] NAHCMD 627 (7 November 2022)
The High Court dismissed an application to release funds from a Bank Windhoek account, citing delay, a later related action, and possible forfeiture under exchange control rules.
Mukwangu v S (HC-MD-CRI-APP-CAL 42 of 2022) [2022] NAHCMD 605 (7 November 2022)
The appellants were adequately informed of their right to legal representation and made an informed decision to represent themselves. The failure to inform them of their right to docket disclosure was an irregularity but did not prejudice them as they intended to plead guilty from the outset. The charges were sufficiently particularised and not defective. The sentences imposed were startlingly inappropriate as the fines were far beyond the appellants' means, effectively resulting in direct imprisonment contrary to established sentencing principles. The appeal against conviction was dismissed,…
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Collexia Payments (Pty) Ltd v Bank of Namibia (HC-MD-CIV-MOT-REV 457 of 2022) [2022] NAHCMD 608 (7 November 2022)
The High Court granted urgent interim relief to Collexia, staying steps toward Trustco Bank’s winding-up to allow a transition to another sponsoring bank.
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