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Namibia Case Law

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Criminal law [2022] NAHCNLD 94

S v Pendapala (CR 45 of 2022)

S v Pendapala (CR 45 of 2022) [2022] NAHCNLD 94 (26 September 2022)

On automatic review, the High Court substituted a conviction of common assault for assault with intent to do grievous bodily harm and varied the sentences.

  • Assault
  • Domestic violence
  • Sentencing
  • Review procedure
  • Criminal-review
  • Domestic-violence
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Civil procedure [2022] NASC 30

Standic BV v Petroholland Holding (Pty) Ltd (SA 9 of 2020)

Standic BV v Petroholland Holding (Pty) Ltd (SA 9 of 2020) [2022] NASC 30 (23 September 2022)

Supreme Court of Namibia upheld enforcement of a Dutch default judgment, finding the High Court erred on authentication, finality, and issues not raised by the parties.

  • Enforcement of foreign judgments
  • Authentication of documents
  • Finality of judgments
  • Condonation for procedural non-compliance
  • Foreign-judgment-enforcement
  • Authentication-of-documents
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Civil procedure [2022] NAHCMD 500

Strauss v Strauss (HC-MD-CIV-MOT-GEN 349 of 2022)

Strauss v Strauss (HC-MD-CIV-MOT-GEN 349 of 2022) [2022] NAHCMD 500 (23 September 2022)

The applicant failed to provide sufficient facts to demonstrate that the matter was urgent or that he would not receive substantial redress in due course. The urgency was not established, and no compelling reason was given for eviction or interdict on an urgent basis. The application was struck for lack of urgency.

  • Urgent applications
  • Eviction
  • Interim interdicts
  • Executor powers
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Civil procedure [2022] NAHCMD 499

Helios Oryx Limited v Elisenheim Property Development Company (Pty) Ltd (HC-MD-CIV-ACT-CON- 2288 of 2020)

Helios Oryx Limited v Elisenheim Property Development Company (Pty) Ltd (HC-MD-CIV-ACT-CON- 2288 of 2020) [2022] NAHCMD 499 (23 September 2022)

The defendant failed to make out a case for the relief sought in its Notice of Motion. The plaintiff, through its director, provided discovery affidavits stating under oath that the documents do not exist or are not in its possession or control. The defendant did not provide sufficient grounds to go behind the discovery affidavit or to show mala fides. The documents sought are either not in the plaintiff's possession, do not exist, or are not relevant. The application to compel discovery is dismissed with costs.

  • Discovery
  • Locus standi
  • Separate legal entities
  • Guarantee agreement
  • Mortgage bond
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Criminal law [2022] NAHCMD 504

S v Engelbrecht (CR 101 of 2022)

S v Engelbrecht (CR 101 of 2022) [2022] NAHCMD 504 (23 September 2022)

The High Court set aside a conviction and sentence for possession of dependence-producing substances, finding the matter was wrongly dealt with under section 112(1)(a) and that the sentence was disproportionate.

  • Possession of dependence producing substances
  • Sentencing
  • Automatic review
  • Charge formulation
  • Criminal-law
  • Automatic-review
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Criminal law [2022] NAHCMD 498

Paulus v S (HC-MD-CRI-APP-CAL 62 of 2022)

Paulus v S (HC-MD-CRI-APP-CAL 62 of 2022) [2022] NAHCMD 498 (23 September 2022)

The High Court allowed a bail appeal, holding the magistrate wrongly refused to hear evidence on alleged new facts before ruling on the application.

  • Bail
  • New facts
  • Procedural fairness
  • Audi alteram partem
  • New-facts
  • Procedural-fairness
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Labour law [2022] NALCMD 52

Leonard v Namibia Ports Authority (Pty) Ltd (HC-MD-LAB-APP-AAA 74 of 2020)

Leonard v Namibia Ports Authority (Pty) Ltd (HC-MD-LAB-APP-AAA 74 of 2020) [2022] NALCMD 52 (23 September 2022)

The applicants failed to provide a satisfactory explanation for the entire period of delay and did not demonstrate reasonable prospects of success, as the union was not entitled to represent them and ratification occurred after the limitation period. No other court would come to a different conclusion than the arbitrator.

  • Condonation
  • Reinstatement of appeal
  • Extension of time
  • Unfair dismissal
  • Trade union representation
  • Labour court procedure
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Civil procedure [2022] NAHCMD 497

Prosecutor-General v Gustavo & Others (HC-MD-CIV-MOT-POCA 429 of 2020)

Prosecutor-General v Gustavo & Others (HC-MD-CIV-MOT-POCA 429 of 2020) [2022] NAHCMD 497 (22 September 2022)

The refusal to refer the matter to oral evidence is not appealable as it does not meet the requirements of finality, definitiveness, or substantial disposition of relief. Even if appealable, the applicants have not shown reasonable prospects of success on appeal. The Prosecutor-General's explanations are reasonable, and the right to cross-examination is not absolute at this interlocutory stage.

  • Appealability of interlocutory orders
  • Referral to oral evidence
  • Restraint orders
  • Right to cross-examination
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Contract law [2022] NAHCMD 490

Amalu v Smith (HC-MD-CIV-ACT-CON- 2083 of 2021)

Amalu v Smith (HC-MD-CIV-ACT-CON- 2083 of 2021) [2022] NAHCMD 490 (20 September 2022)

A landlord’s damages claim under a lease failed for lack of proof of breach, causation, and quantum. Some rent-related claims were also dismissed.

  • Lease agreements
  • Breach of contract
  • Damages
  • Quantum of damages
  • Landlord and tenant
  • Obligations of parties
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Delict [2022] NAHCMD 488

Madisia v Edgars Stores Namibia t/a Jet Stores Walvis Bay (HC-MD-CIV-ACT-DEL- 2636 of 2019)

Madisia v Edgars Stores Namibia t/a Jet Stores Walvis Bay (HC-MD-CIV-ACT-DEL- 2636 of 2019) [2022] NAHCMD 488 (16 September 2022)

The High Court dismissed a store-slip personal injury claim, finding the plaintiff did not prove a wet floor, a fall, or causation for her medical condition.

  • Negligence
  • Duty of care
  • Causation
  • Damages
  • Storeowner liability
  • Delict
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Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.