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Namibia decisions
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Mbumbo and Another v Amadhila and Others (SCR 2 of 2022) [2022] NASC 27 (23 August 2022)
The Supreme Court of Namibia partly upheld a review, setting aside an execution order made when the property was not owned by the judgment debtor.
AB-Inbev Namibia v Botha and Another (HC-MD-LAB-APP-AAA 9 of 2022) [2022] NALCMD 46 (23 August 2022)
The court found that the appellant was properly notified of the arbitration hearing via email, fulfilling the requirements of section 86(4) of the Labour Act. There was no evidence of perverse findings by the arbitrator, and the court saw no basis to interfere with the refusal to rescind the award.
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Schütte v Schütte (HC-MD-CIV-MOT-GEN 376 of 2019) [2022] NAHCMD 428 (23 August 2022)
Applicants, as reinstated beneficiaries, are entitled to access annual financial statements of the trust pending appeal. The balance of convenience and justice favours granting leave to execute the order, as applicants would suffer prejudice if denied access, while respondents' claims of confidentiality and prejudice are unfounded. The appeal does not have decisive prospects of success, and the respondents' conduct suggests lack of bona fide intention.
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APB Property Services v Municipal Council of Windhoek (1335 of 2017) [2022] NAHCMD 426 (22 August 2022)
The High Court dismissed a special plea of prescription, finding the defendants had not proved when the debt became due for the tender-related claim.
Sash Trading & Earthworks CC v Tsams Construction CC (HC-MD-CIV-ACT-OTH- 2226 of 2021) [2022] NAHCMD 420 (18 August 2022)
The High Court dismissed an application to condone the late filing of a rescission application, finding the delay inadequately explained and awarding costs.
S v Hausiku (CC 29 of 2019) [2022] NAHCMD 418 (17 August 2022)
The accused was not under imminent attack when he killed the deceased; his claim of self-defence was rejected due to contradictions and lack of credible evidence. The accused's admissions and forensic evidence established his guilt on all counts beyond reasonable doubt. The complainant's evidence was credible and corroborated by DNA and other evidence. The accused's failure to cross-examine on key points undermined his defence. The accused's version was found to be improbable and false.
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Socotra Island Investments (Pty) Ltd v Commissioner of Inland Revenue (HC-MD-CIV-ACT-DEL- 1448 of 2020) [2022] NAHCMD 416 (16 August 2022)
The High Court of Namibia refused a request to separate a VAT interpretation issue, finding the legal and factual questions were intertwined and should be heard together.
Shipena v Itembu (HC-NLD-CIV-APP-AMC 2 of 2020) [2022] NAHCNLD 77 (15 August 2022)
The High Court upheld an appeal against a guardianship order made without hearing the father, stressing audi alteram partem and the child’s best interests.
Fregrega v Spy Motor Spare and Garage CC (HC-NLD-CIV-ACT-CON 3 of 2022) [2022] NAHCNLD 78 (15 August 2022)
The High Court refused summary judgment in a motor-vehicle sale dispute, finding triable factual issues and a disclosed bona fide defence.
S v Ndaile (CR 87 of 2022) [2022] NAHCMD 414 (15 August 2022)
The original wording of the suspensive condition was vague and could lead to uncertainty and confusion; it must be amended to require that the accused is not convicted of the offence within the period of suspension.
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