Namibia Case Law

Nantinda v Minister: Ministry of Safety and Security (HC-MD-CIV-MOT-GEN 281 of 2020)

Nantinda v Minister: Ministry of Safety and Security (HC-MD-CIV-MOT-GEN 281 of 2020) [2022] NAHCMD 450 (31 August 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 281 of 2020

The seizure of the first applicant’s liquor stock was unlawful because the regulations only permitted seizure of liquor actually sold or purchased, not all stock. The first applicant failed to properly quantify her claim for loss of profit, so that claim was refused. The second applicant’s claims were dismissed because material disputes of fact existed that could not be resolved on affidavit, and he should have foreseen this when launching motion proceedings.

Source excerpt

• Unlawful seizure
• Police liability
• Damages for loss of profit
• Unlawful arrest and detention
• Dispute of fact in motion proceedings
• Covid-19 regulations enforcement

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Mobile Telecommunications Ltd v Communications Regulatory Authority of Namibia (HC-MD-CIV-MOT-GEN 526 of 2020)

Mobile Telecommunications Ltd v Communications Regulatory Authority of Namibia (HC-MD-CIV-MOT-GEN 526 of 2020) [2022] NAHCMD 443 (31 August 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 526 of 2020

The amended section 23 of the Communications Act 8 of 2009, as amended by the Communications Amendment Act 9 of 2020, fails to provide sufficiently circumscribed guidelines and limits for the exercise of CRAN's discretionary power to impose a regulatory levy. The absence of an upper threshold or clear parameters in the enabling legislation constitutes an impermissible outsourcing of plenary legislative power, contrary to the Constitution and the Supreme Court's binding precedent. Reliance on regulations or external legislation cannot cure this defect. Consequently, both the amended section an…

Source excerpt

• Delegation of legislative power
• Ultra vires
• Rule of law
• Separation of powers
• Judicial review
• Statutory interpretation

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At Helmsman Group (Pty) Ltd v Frederik (HC-MD-LAB-MOT-GEN 125 of 2022)

At Helmsman Group (Pty) Ltd v Frederik (HC-MD-LAB-MOT-GEN 125 of 2022) [2022] NALCMD 47 (29 August 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-MOT-GEN 125 of 2022

The Labour Court granted urgent interim relief, staying an arbitration award, rescinding a related court order, and setting aside a writ of execution pending appeal.

• Urgent applications
• Stay of execution
• Rescission of court order
• Labour arbitration awards
• Urgent-applications
• Stay-of-execution

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Green Team Consultants CC v Minister of Agriculture, Water and Land Reform (HC-MD-CIV-ACT-CON- 406 of 2021)

Green Team Consultants CC v Minister of Agriculture, Water and Land Reform (HC-MD-CIV-ACT-CON- 406 of 2021) [2022] NAHCMD 437 (25 August 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 406 of 2021

The court found that while the defendant's explanations for delay were not entirely satisfactory, there was no evidence of intentional or deliberate non-compliance. The defendant demonstrated reasonable prospects of success and had prepared witness statements for filing. The interests of justice favored allowing the matter to proceed to trial rather than striking out the defence. The prejudice to the plaintiff could be addressed by a punitive costs order. Accordingly, condonation for non-compliance with the court orders was granted.

Source excerpt

• Condonation
• Non-compliance with court orders
• Sanctions
• Costs
• Witness statements
• Pre-trial procedure

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Windhoek Wanderers v Municipal Council of Windhoek (HC-MD-CIV-MOT-REV 306 of 2020)

Windhoek Wanderers v Municipal Council of Windhoek (HC-MD-CIV-MOT-REV 306 of 2020) [2022] NAHCMD 435 (25 August 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 306 of 2020

The applicant failed to satisfy the requirements for lis alibi pendens as the parties, causes of action, and subject matter in the main and review proceedings are not the same. No exceptional circumstances were established to justify a stay. The delay in launching the review application was self-created and contrary to the overriding objectives of the court. Granting a stay would unduly delay the main action and prejudice the respondent.

Source excerpt

• Stay of proceedings
• Lis alibi pendens
• Suretyship
• Review of administrative action
• Costs

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Feris v Jacobs (HC-MD-CIV-ACT-CON- 2129 of 2021)

Feris v Jacobs (HC-MD-CIV-ACT-CON- 2129 of 2021) [2022] NAHCMD 439 (25 August 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 2129 of 2021

The High Court dismissed an application to rescind a default judgment, finding no satisfactory excuse for delay, valid service, and no bona fide defence.

• Rescission of judgment
• Default judgment
• Service of process
• Condonation
• Rescission-of-judgment
• Default-judgment

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Cloete v Komsberg Farming (Pty) Ltd (in liquidation) (I 2551 of 2014)

Cloete v Komsberg Farming (Pty) Ltd (in liquidation) (I 2551 of 2014) [2022] NAHCMD 458 (25 August 2022)

Court

High Court Main Division

Case number

I 2551 of 2014

The High Court refused late intervention and evidence-related relief in a liquidation dispute, striking part of the motion and awarding costs against the applicants.

• Intervention
• Default judgment
• Creditor claims
• Evidence admissibility
• Company liquidation
• Civil-procedure

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Solsquare Energy (Pty) Ltd v Luhl (SA 45 of 2019)

Solsquare Energy (Pty) Ltd v Luhl (SA 45 of 2019) [2022] NASC 29 (25 August 2022)

Court

Supreme Court

Case number

SA 45 of 2019

The Supreme Court of Namibia refused condonation and reinstatement of an appeal because the appellant gave an inadequate explanation for filing an incomplete record.

• Condonation
• Appeal procedure
• Filing of record
• Reinstatement of appeal
• Appeal-procedure
• Appeal-record

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Namibian Competition Commission v Santam Namibia Ltd (HC-MD-CIV-ACT-OTH- 3064 of 2021)

Namibian Competition Commission v Santam Namibia Ltd (HC-MD-CIV-ACT-OTH- 3064 of 2021) [2022] NAHCMD 433 (24 August 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 3064 of 2021

The particulars of claim disclose a cause of action under the Competition Act. The Commission is not required to plead the specific amount of pecuniary penalty; this is for the court to determine after hearing evidence. Delay in instituting proceedings does not render the claim fatally defective. The strike out application is procedurally improper as it does not comply with Rule 58. Exceptions and strike out are dismissed.

Source excerpt

• Exception to pleadings
• Pecuniary penalty
• Restrictive practices
• Vertical agreements
• Strike out application

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Neumbo v Tjirimuje (HC-MD-CIV-ACT-DEL- 4493 of 2020)

Neumbo v Tjirimuje (HC-MD-CIV-ACT-DEL- 4493 of 2020) [2022] NAHCMD 431 (24 August 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-DEL- 4493 of 2020

The High Court found the defendant negligently caused a T-junction collision and rejected his mistaken-identity defence, awarding damages and costs to the plaintiff.

• Negligence
• Motor vehicle accident
• Damages
• Burden of proof
• Motor-vehicle-accident
• Burden-of-proof

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