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Namibia decisions
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Angula v Tjaronda (HC-MD-CIV-ACT-DEL- 5338 of 2019) [2022] NAHCMD 364 (25 July 2022)
The High Court held that social media posts by the defendant were false and defamatory of the plaintiff, awarding damages, interest, costs, and an apology order.
Hendrik Christian t/a Hope Financial Services v Registrar of the High Court and Others (HC-MD-CIV-MOT-GEN 5 of 2021) [2022] NAHCMD 362 (22 July 2022)
The Supreme Court judgment did not expressly or impliedly bar NAMFISA from appointing legal practitioners of its choice for subsequent proceedings, including taxation. The right to legal representation remains intact, and the points in limine raised by the applicant have no merit and are dismissed.
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Lewis v Draghoender and Others (HC-MD-LAB-APP-AAA 42 of 2021) [2022] NALCMD 41 (22 July 2022)
The court held that a lapsed labour appeal cannot be reinstated or extended without a prior condonation application for non-compliance with the rules.
First National Bank of Namibia Limited v Ganaseb (HC-MD-CIV-ACT-CON- 1381 of 2019) [2022] NAHCMD 360 (21 July 2022)
The High Court declined to declare a Swakopmund property specially executable, finding that less drastic measures remained available under Rule 108.
Moller N.O v Master of High Court (HC-MD-CIV-ACT-DEL- 2089 of 2020) [2022] NAHCMD 359 (21 July 2022)
The Master and officials failed to require proper accounting before reducing security and took no steps to enforce the bond or recover misappropriated funds, amounting to gross negligence and wrongful omission, rendering the State liable for the loss. The third and fourth defendants are also liable for the misappropriation.
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Namibian Competition Commission v Puma Energy (Pty) Ltd (HC-MD-CIV-MOT-EXP 275 of 2016) [2022] NAHCMD 354 (19 July 2022)
The High Court reviewed a taxation dispute over costs, holding that the taxing master misapplied res judicata and could not disallow instructed counsel fees for foreign counsel permitted to appear.
Smith v Engelbrecht (HC-MD-CIV-ACT-DEL- 126 of 2020) [2022] NAHCMD 353 (18 July 2022)
The High Court granted leave to amend a delict claim after a motor vehicle accident, finding the amendments sufficiently explained and any prejudice curable by costs.
Herero Royal Red Flag Association v Herero Red Flag Association and Others (SA 28 of 2020) [2022] NASC 25 (18 July 2022)
The Supreme Court of Namibia held that the appellant had locus standi to seek rectification of a deed because it was a universitas able to contract and hold property.
S v Shimwefeleni (CR 72 of 2022) [2022] NAHCMD 350 (18 July 2022)
On automatic review, the High Court set aside a theft conviction and sentence because the charge omitted intention and the magistrate failed to establish intent.
Krucor Investment Holdings (Pty) Ltd t/a Professional Farming v Kwenani (SA 22 of 2020) [2022] NASC 22 (13 July 2022)
Supreme Court of Namibia judgment in Krucor Investment Holdings (Pty) Ltd t/a Professional Farming v Kwenani, decided on 13 July 2022. The supplied text contains no substantive reasons.
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