Namibia Case Law

Amupanda v Minister of Agriculture, Water and Land Reform and Others (HC-MD-CIV-ACT-OTH-2021/02075)

Amupanda v Minister of Agriculture, Water and Land Reform and Others (HC-MD-CIV-ACT-OTH-2021/02075) [2023] NAHCMD 547 (5 September 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH-2021/02075

The plaintiff satisfied the first two requirements for a protective costs order (public importance and public interest), but failed to fully disclose his financial position as required by rule 20(1)(c). Without proper financial disclosure, the court cannot determine if it is fair and just to grant the order or impose conditions. Leave is granted to supplement papers for proper assessment.

Source excerpt

• Protective costs orders
• Public interest litigation
• Rule 20
• Costs in civil litigation

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Zhong Mei Engineering Group (Pty) Ltd and Others v Namibia Revenue Agency and Others (HC-MD-CIV-MOT-REV-2023/00325)

Zhong Mei Engineering Group (Pty) Ltd and Others v Namibia Revenue Agency and Others (HC-MD-CIV-MOT-REV-2023/00325) [2023] NAHCMD 513 (18 August 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV-2023/00325

The applicant failed to establish a prima facie right to interim relief as the deduction of funds by Standard Bank as agent for NAMRA was lawful under s 91 of the Income Tax Act, and the 'pay now argue later' principle applies in the public interest. The court found no basis to order the return of funds pending review.

Source excerpt

• Appointment of payment agent
• Tax recovery procedures
• Judicial review of administrative action
• Urgency in motion proceedings
• Pay now argue later principle
• Ultra vires challenge

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Acting Deputy Sheriff for Windhoek v Nghiilwamo (HC-MD-CIV-MOT-GEN-2022/00431)

Acting Deputy Sheriff for Windhoek v Nghiilwamo (HC-MD-CIV-MOT-GEN-2022/00431) [2023] NAHCMD 501 (15 August 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN-2022/00431

The High Court ordered eviction to enable transfer of property sold in execution, finding the deputy sheriff must ensure transfer can be completed.

• Eviction
• Execution of judgments
• Transfer of immovable property
• Execution-of-judgments
• Immovable-property-transfer
• Judicial-sale

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Angermund v Poultry and Another (HC-MD-LAB-APP-AAA-2023/00017)

Angermund v Poultry and Another (HC-MD-LAB-APP-AAA-2023/00017) [2023] NALCMD 34 (11 August 2023)

Court

Labour Court Main Division

Case number

HC-MD-LAB-APP-AAA-2023/00017

The Labour Court dismissed an appeal against refusal to rescind a default award, holding the appellant failed to show good cause and prospects of success.

• Rescission of arbitration award
• Unfair dismissal
• Default judgment
• Notification requirements
• Rescission-of-arbitration-award
• Unfair-dismissal

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Xinfeng Investments (Pty) Ltd and Others v Chief Executive Officer: BIPA and Others (HC-MD-CIV-MOT-REV-2022/00330)

Xinfeng Investments (Pty) Ltd and Others v Chief Executive Officer: BIPA and Others (HC-MD-CIV-MOT-REV-2022/00330) [2023] NAHCMD 489 (9 August 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV-2022/00330

The taxing officer failed to properly exercise discretion and provide justification for departing from prescribed tariffs and allowing full junior counsel fees; the memorandum of advice was incidental and not recoverable as party and party costs.

Source excerpt

• Taxation of costs
• Review of taxing officer's decision
• Party and party costs
• Legal practitioner fees

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African Holdings CC v Sunshine Private School (Pty) Ltd and Others (HC-MD-CIV-ACT-OTH-2023/00542)

African Holdings CC v Sunshine Private School (Pty) Ltd and Others (HC-MD-CIV-ACT-OTH-2023/00542) [2023] NAHCMD 479 (7 August 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH-2023/00542

The High Court of Namibia refused summary judgment, finding a triable issue about the defendants’ right to occupy premises and allowing the matter to proceed.

• Summary judgment
• Triable issue
• Lease dispute
• Right to occupy premises
• Summary-judgment
• Triable-issue

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Zhong-Mei Engineering (Pty) Ltd v Grand Trading CC (SA 24/2021)

Zhong-Mei Engineering (Pty) Ltd v Grand Trading CC (SA 24/2021) [2023] NASC 24 (18 July 2023)

Court

Supreme Court

Case number

SA 24/2021

The Supreme Court held that Zhong-Mei failed to prove payments beyond those already accepted as being for Grand Trading’s consultancy agreement, and dismissed the appeal with costs.

• Proof of payment
• Onus of proof
• Consultancy agreements
• Appropriation of payments
• Proof-of-payment
• Onus-of-proof

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Xinfeng Investments (Pty) Ltd v Minister of Mines and Energy and Others (HC-MD-CIV-MOT-REV-2023/00188)

Xinfeng Investments (Pty) Ltd v Minister of Mines and Energy and Others (HC-MD-CIV-MOT-REV-2023/00188) [2023] NAHCMD 356 (27 June 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV-2023/00188

The Minister proved prima facie that the applicant committed fraud in the licence application process, but lacked statutory or implied authority to revoke the licence without approaching a court for appropriate relief; the functus officio doctrine and the extended Oudekraal principle require judicial intervention for revocation, even in cases of fraud; the applicant established a prima facie right to interim relief as the Minister's revocation was ultra vires, and all other requirements for an interim interdict were met.

Source excerpt

• Functus officio
• Interim interdicts
• Fraud in administrative process
• Judicial review
• Doctrine of oudekraal
• Separation of powers

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University of Namibia v Katewa (HC-MD-CIV-ACT-CON-2019/00375)

University of Namibia v Katewa (HC-MD-CIV-ACT-CON-2019/00375) [2023] NAHCMD 216 (24 April 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON-2019/00375

The High Court granted UNAM leave to amend its particulars of claim in a contract damages action, finding the change did not create a new cause of action.

• Amendment of pleadings
• Breach of contract
• Repudiation
• Damages
• Prescription
• Amendment-of-pleadings

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Uundjondjo v Medical and Dental Council of Namibia (HC-MD-CIV-APP-ATL-2022/00005)

Uundjondjo v Medical and Dental Council of Namibia (HC-MD-CIV-APP-ATL-2022/00005) [2023] NAHCMD 210 (20 April 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-APP-ATL-2022/00005

The appeal committee's decision was a nullity as it was not properly constituted in law, failed to comply with statutory requirements for decision-making, and violated the functus officio principle by issuing two judgments. The Executive Committee was empowered to act between Council meetings, but the removal of the appellant's name from the register was procedurally improper. The matter must be remitted to a differently constituted appeal committee for a fresh hearing.

Source excerpt

• Functus officio
• Composition of statutory tribunals
• Procedural fairness
• Extension of internship
• Removal from professional register

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