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Namibia decisions
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S v Boois (CC 3 of 2022) [2022] NAHCMD 532 (5 October 2022)
The accused was found guilty of murder with direct intent based on spontaneous admissions and circumstantial evidence involving a knife containing the deceased's DNA.
Municipal Council of Windhoek v Claasen (HC-MD-LAB-APP-AAA 84 of 2021) [2022] NALCMD 56 (5 October 2022)
Labour appeal against an arbitration award on unfair dismissal, reinstatement, and compensation. The court upheld unfair dismissal but set aside reinstatement and parts of the award.
Newpoint Electronic Solutions (Pty) Ltd v PS, Office of the Prime Minister (SA 15 of 2022) [2022] NASC 31 (3 October 2022)
The Supreme Court held that a government service contract for payroll software was invalid because only the Tender Board or its lawful delegate could conclude it.
Paulus v S (CC 3 of 2019) [2022] NAHCNLD 104 (30 September 2022)
The application for leave to appeal is defective as it fails to set out clear and specific grounds as required by law, was filed out of time, and was not properly amended or replaced by counsel. The court cannot adjudicate on a defective application, and points in limine are upheld.
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S v Shitaleni (CR 54 of 2022) [2022] NAHCNLD 103 (30 September 2022)
The High Court set aside a conviction and sentence after finding the charge under Covid-19 liquor regulations was defective and the guilty plea uninformed.
Hamunyela v Naphtali (HC-MD-CIV-ACT-MAT 1518 of 2021) [2022] NAHCMD 522 (29 September 2022)
The High Court dissolved the marriage, refused spousal maintenance, declined a specific forfeiture order, made the settlement agreement an order, and divided the joint estate.
Kerii Architects & Designers v Nice Consulting Engineers (Pty) Ltd (HC-MD-CIV-ACT-CON- 2257 of 2021) [2022] NAHCMD 515 (29 September 2022)
The High Court dismissed the defendant’s condonation application for failing to file witness statements on time, awarding the plaintiff costs not limited by rule 32(11).
Garden Plaza Investments CC v Council for the Municipality of Windhoek (HC-MD-CIV-ACT-CON- 4219 of 2019) [2022] NAHCMD 514 (29 September 2022)
The High Court held that an oral agreement entitled the plaintiff to compensation for road construction costs, but limited recovery to N$800,000.
Kaunapaua Ndilula N.O. v Edison Building Enterprises CC (HC-MD-CIV-ACT-CON- 4883 of 2021) [2022] NAHCMD 516 (29 September 2022)
The High Court granted leave to amend pleadings, holding that objections based on vagueness and excipiability should be dealt with by exception later.
S v Elago (CR 52 of 2022) [2022] NAHCNLD 101 (29 September 2022)
High Court review partly confirmed convictions, but set aside count 2 and the firearm-unfitness order for defective procedure and inadequate questioning.
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