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Namibia decisions
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Ndukireepo v S (HC-MD-CRI-APP-CAL 80 of 2021) [2022] NAHCMD 607 (7 November 2022)
The High Court refused condonation for a late application for leave to appeal in a murder case, finding no reasonable explanation and no prospects of success.
Sheehama v Minister of Home Affairs, Immigration Safety and Security (HC-NLD-CIV-ACT-DEL 283 of 2020) [2022] NAHCNLD 118 (4 November 2022)
The High Court granted absolution from the instance in a malicious prosecution claim, finding no prima facie case and no proved damages.
Homba v Homba (HC-MD-CIV-ACT-MAT 3719 of 2021) [2022] NAHCMD 600 (3 November 2022)
A final order of divorce is appropriate and necessary where a protection order exists prohibiting contact between the parties, as ordering restitution of conjugal rights would contradict the protection order and potentially expose parties to harm or criminal liability.
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S v Kapelema (CR 61 of 2022) [2022] NAHCNLD 119 (3 November 2022)
High Court review of a guilty plea conviction for unlawful firearm possession, confirming the conviction and sentence but setting aside the firearm-unfitness order for failure to conduct and record the required inquiry.
S v Inotila; S v Martha (CR 62 of 2022) [2022] NAHCNLD 120 (3 November 2022)
The High Court confirmed theft convictions but corrected vague suspended sentences by removing unclear community-service wording and aligning the records with the true sentences.
Kahuure v Kahuure (HC-MD-CIV-ACT-MAT 5144 of 2020) [2022] NAHCMD 596 (1 November 2022)
The High Court granted leave to amend pleadings in a matrimonial dispute about whether the marriage was in or out of community of property.
Malumbu v Angula (HC-MD-CIV-ACT-DEL- 2631 of 2021) [2022] NAHCMD 597 (1 November 2022)
The High Court dismissed the defendant’s condonation application for late filing, holding that authority to bring the application was not shown and the explanation was inadequate.
Christoph v Tuyenikumwe Food and Commodity Distributors CC (HC-MD-CIV-ACT-CON- 561 of 2022) [2022] NAHCMD 595 (31 October 2022)
The High Court refused summary judgment, finding a triable defence and unclear pleadings in a property-sale dispute involving alleged breach, misrepresentation, and unjust enrichment.
Serogwe v Serogwe (SA 61 of 2020) [2022] NASC 34 (28 October 2022)
The Supreme Court of Namibia dismissed an appeal against the cessation of a member’s interest in a close corporation, granting condonation for a late rule 11(10) report.
Minister of Agriculture, Water and Forestry v Serve Investments 84 (Pty) Ltd (SA 105 of 2021) [2022] NASC 33 (28 October 2022)
The High Court was correct to compel the Minister and NDC to make a decision on consent as required by the PLA; privity of contract did not preclude this, and section 17B of the Act did not apply because Agri-Pro's rights under the PLA were not customary land rights or lease-hold. There were no exceptional circumstances to justify the court substituting its own decision for that of the Minister and NDC. Both the appeal and cross-appeal failed.
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