Namibia Case Law

Namibia Students Financial Assistance Fund v Nghiwete (HC-MD-LAB-APP-AAA 56 of 2021)

Namibia Students Financial Assistance Fund v Nghiwete (HC-MD-LAB-APP-AAA 56 of 2021) [2022] NALCMD 50 (16 September 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-APP-AAA 56 of 2021

The dismissal of the first respondent was substantively and procedurally unfair as the appellant failed to provide a valid and fair reason and did not follow a fair procedure. The Board acted outside its authority by intervening in an ongoing disciplinary process and dismissing the first respondent without charges or a hearing. However, reinstatement was not ordered due to the irretrievable breakdown of the employment relationship and trust between the parties.

Source excerpt

• Unfair dismissal
• Procedural fairness
• Substantive fairness
• Reinstatement
• Breakdown of trust
• Disciplinary procedures

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Namibian Electrical Services CC v PD Theron & Associates (HC-MD-CIV-ACT-CON- 4238 of 2018)

Namibian Electrical Services CC v PD Theron & Associates (HC-MD-CIV-ACT-CON- 4238 of 2018) [2022] NAHCMD 486 (16 September 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 4238 of 2018

The High Court held that a law firm negligently failed to follow its client’s FIDIC dispute-resolution instructions and ordered a refund of legal fees.

• Legal practitioner liability
• Mandate execution
• Fidic contract dispute resolution
• Refund of legal fees
• Professional-negligence
• Legal-practitioner-liability

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Owoses v Government of the Republic of Namibia (HC-MD-CIV-ACT-DEL- 1723 of 2020)

Owoses v Government of the Republic of Namibia (HC-MD-CIV-ACT-DEL- 1723 of 2020) [2022] NAHCMD 484 (15 September 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-DEL- 1723 of 2020

Plaintiff suffered severe physical and psychological injuries, including PTSD, depression, and anxiety, as a result of an unprovoked assault by law enforcement officers. The quantum of damages must reflect the seriousness of the assault and its consequences, guided by comparative awards and legal principles. Plaintiff's claim of N$145,000 is reasonable and awarded.

Source excerpt

• Assault
• Damages
• State liability
• Psychological injury
• Law enforcement misconduct

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High Power Holdings Investment (Pty) Ltd v Imprint Investment (Pty) Ltd (HC-MD-CIV-ACT-OTH- 3944 of 2021)

High Power Holdings Investment (Pty) Ltd v Imprint Investment (Pty) Ltd (HC-MD-CIV-ACT-OTH- 3944 of 2021) [2022] NAHCMD 476 (14 September 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 3944 of 2021

The High Court refused leave to appeal against a ruling dismissing an amendment application, finding no reasonable prospects of success.

• Amendment of pleadings
• Leave to appeal
• Appealability
• Exercise of judicial discretion
• Leave-to-appeal
• Amendment-of-pleadings

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Amushila v Cornelius (HC-NLD-CIV-ACT-DEL 131 of 2022)

Amushila v Cornelius (HC-NLD-CIV-ACT-DEL 131 of 2022) [2022] NAHCNLD 88 (12 September 2022)

Court

Northern Local Division

Case number

HC-NLD-CIV-ACT-DEL 131 of 2022

Default judgment in a defamation claim. The High Court found that the defendant published defamatory statements accusing the plaintiff of theft and fraud, and awarded N$15,000 damages.

• Defamation
• Damages
• Publication
• Quantum assessment
• Default-judgment

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A – Team Stone Crushers CC v Aris Stone Products CC (HC-MD-CIV-MOT-GEN 376 of 2022)

A – Team Stone Crushers CC v Aris Stone Products CC (HC-MD-CIV-MOT-GEN 376 of 2022) [2022] NAHCMD 502 (12 September 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 376 of 2022

The High Court struck the respondent’s urgent counter-application from the roll, finding it failed to satisfy rule 73(4) and should await arbitration.

• Urgency in applications
• Arbitration clauses
• Spoliation
• Lease agreements
• Mining law
• Urgency-in-applications

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Gurisas v S (HC-MD-CRI-APP-CAL 33 of 2022)

Gurisas v S (HC-MD-CRI-APP-CAL 33 of 2022) [2022] NAHCMD 472 (9 September 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 33 of 2022

The High Court of Namibia dismissed an appeal against a 4-year sentence for theft by an employee, holding that the magistrate properly weighed the relevant factors.

• Theft by employee
• Sentencing
• Mitigating and aggravating circumstances
• Appeal against sentence
• Criminal-law
• Theft

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Shared Advertising CC t/a Shared Petroleum v In Touch Cargo Namibia (Pty) Ltd (HC-MD-CIV-ACT-CON- 1259 of 2021)

Shared Advertising CC t/a Shared Petroleum v In Touch Cargo Namibia (Pty) Ltd (HC-MD-CIV-ACT-CON- 1259 of 2021) [2022] NAHCMD 485 (9 September 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 1259 of 2021

The court held that the contract for the sale of fuel on credit was illegal and void under Regulation 35 of the Petroleum Products Regulations, and thus unenforceable. Judicial notice of the regulations is required, and the plaintiff's particulars of claim do not disclose a cause of action for contract or suretyship. Enrichment claims may be possible in principle, but must be specifically pleaded with details of impoverishment and enrichment; the plaintiff failed to do so adequately.

Source excerpt

• Illegality of contract
• Exceptions to pleadings
• Enrichment claims
• Statutory interpretation
• Suretyship
• Judicial notice of subordinate legislation

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Serve Investments Eight Four Pty Ltd v Agricultural Professional Services Pty Ltd (HC-MD-CIV-MOT-GEN 96 of 2021)

Serve Investments Eight Four Pty Ltd v Agricultural Professional Services Pty Ltd (HC-MD-CIV-MOT-GEN 96 of 2021) [2022] NAHCMD 471 (9 September 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 96 of 2021

The applicant failed to prove beyond reasonable doubt that the respondents willfully disobeyed the court order due to unresolved disputes of fact on the papers.

Source excerpt

• Contempt of court
• Spoliation
• Motion proceedings
• Burden of proof

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S v Gaoe (96 of 2022)

S v Gaoe (96 of 2022) [2022] NAHCMD 470 (9 September 2022)

Court

High Court Main Division

Case number

96 of 2022

The High Court reviewed a magistrates’ court matter involving suspected stolen stock, finding a procedural irregularity but confirming the conviction and sentence.

• Stock theft
• Possession of suspected stolen stock
• Procedure on change of magistrate
• Irregularity in proceedings
• Criminal-procedure
• Magistrate-substitution

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