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Namibia decisions
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Uushona v Walvis Bay Cargo Terminal and Others (HC-MD-CIV-MOT-GEN-2022/00206) [2023] NAHCMD 649 (13 October 2023)
The Labour Court dismissed condonation for a late appeal, finding the explanation for delay inadequate and no reasonable prospects of success on appeal.
Arch Resources (Pty) Ltd v Candino Mining & Construction CC and Another (HC-MD-CIV-ACT-CON-2023/00932) [2023] NAHCMD 647 (13 October 2023)
The High Court upheld an exception in a contract claim, finding the particulars did not match the annexed agreement and the suretyship was inadequately pleaded.
Adforce Namibia CC v Blackthorn Investments (Pty) Ltd and Others (HC-MD-CIV-ACT-CON-2019/03391) [2023] NAHCMD 640 (11 October 2023)
The AOD was validly executed by a majority of the first defendant's directors/shareholders, who had not formally resigned at the time. The AOD constituted an enforceable acknowledgment of debt, not subject to the alleged condition of further payment. The first defendant's defences based on lack of authority, resignation, or breach of shareholder agreement were rejected. The debt became payable on demand after the opening of the Centurion store, and the first defendant failed to perform.
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Zico Investment Close Corporation v Messrs Elize Investments (Proprietary Limited) and Others (HC-MD-CIV-ACT-OTH-2021/02841) [2023] NAHCMD 635 (10 October 2023)
The High Court of Namibia dismissed an application to compel discovery of a third defendant’s 2020 financial and bank statements as irrelevant to the pleaded issues.
Agricultural Bank of Namibia v Gaya (SA 42/2023) [2023] NASC 37 (9 October 2023)
The Supreme Court of Namibia held that the respondent’s appeal was deemed withdrawn for failure to file the record timeously. No rule 6 relief was considered.
Uushona v City of Windhoek and Others (HC-MD-CIV-MOT-GEN-2023/00377) [2023] NAHCMD 611 (3 October 2023)
A lay litigant is not entitled to attorney-client costs but only to actual disbursements reasonably incurred, as per Rule 125(12) and established case law; the applicant, being a lay litigant, cannot recover for her own time and effort, only for necessary disbursements.
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Zannier Hotels Namibia (Pty) Ltd t/a Sonop Lodge v Day Dreamers Investments CC (HC-MD-CIV-ACT-CON-2023/02113) [2023] NAHCMD 606 (29 September 2023)
The applicant is entitled to summary judgment for the return of the vehicle as the respondent failed to substantiate its lien with an invoice or amount, and the only amounts payable were those already quoted and paid. The damages claim is not suitable for summary judgment as it does not fall within the permissible categories under rule 60.
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Ayoub and Others v Januarie and Others; Bezuidenhout and Others v Mouton and Others (HC-MD-CIV-ACT-OTH-2017/02389; HC-MD-CIV-ACT-OTH-2020/03781) [2023] NAHCMD 589 (22 September 2023)
The redistribution agreement of 4 January 1986 was void ab initio as it did not constitute a lawful redistribution but a covert donation, and the executor had no power to transfer the farm to Clemens Bezuidenhout. All subsequent transfers, including to Charles Jacobus Cloete and Algene Michelle Mouton, were therefore void. Ownership of the farm remains with the estate of the late Christina Martina Bezuidenhout.
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Acting Deputy Sheriff for the district of Windhoek and Others v Hamukoto and Another (HC-MD-CIV-MOT-GEN-2023/00396) [2023] NAHCMD 580 (20 September 2023)
The High Court granted an urgent eviction application after a sale in execution, ordering respondents to vacate and allowing steps toward transfer of the property.
Zannier Hotels Namibia (Pty) Ltd t/a Sonop Lodge v Day Dreamers Investments CC and Others (HC-MD-CIV-ACT-CON-2023/02159) [2023] NAHCMD 552 (7 September 2023)
The High Court refused summary judgment in a damages claim over alleged fraudulent VAT charges, finding the defendants had raised a possible bona fide defence.
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