Namibia Case Law

Mineworkers Union of Namibia v Namdeb Diamond Corporation (Pty) Ltd (HC-MD-LAB-MOT-GEN 227 of 2020)

Mineworkers Union of Namibia v Namdeb Diamond Corporation (Pty) Ltd (HC-MD-LAB-MOT-GEN 227 of 2020) [2022] NALCMD 33 (8 June 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-MOT-GEN 227 of 2020

The applicant's claim for payment of housing allowances and interest is a 'debt' under the Prescription Act. The cause of action arose in July 2017 when the respondent refused to pay as agreed. The prior counter-application interrupted prescription, but its dismissal without appeal caused the interruption to lapse under section 15(2). The current application was instituted more than three years after the cause of action arose, and the claim is prescribed.

Source excerpt

• Prescription
• Extinctive prescription
• Enforcement of settlement agreements
• Labour disputes
• Arbitration awards

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Kamwi v Minister of Lands and Resettlement (HC-MD-CIV-MOT-GEN 333 of 2016)

Kamwi v Minister of Lands and Resettlement (HC-MD-CIV-MOT-GEN 333 of 2016) [2022] NAHCMD 282 (8 June 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 333 of 2016

The High Court upheld a non-joinder objection and struck an eviction application from the roll because identified occupiers with a direct interest were not joined.

• Joinder
• Non-joinder
• Eviction
• Communal land rights
• Communal-land-rights
• Civil-procedure

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Municipal Council Of Windhoek v Bahr (HC-MD-CIV-ACT-CON- 2193 of 2019)

Municipal Council Of Windhoek v Bahr (HC-MD-CIV-ACT-CON- 2193 of 2019) [2022] NAHCMD 281 (7 June 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 2193 of 2019

The High Court granted absolution from the instance after finding the plaintiff’s case was pleaded on outdated residential zoning, not the later office zoning.

• Zoning
• Absolution from the instance
• Planning permission
• Interdicts
• Declaratory relief
• Absolution-from-the-instance

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The Government of the Republic of Namibia v Ferusa Capital Financing Partners CC (HC-MD-CIV-ACT-CON- 2695 of 2020)

The Government of the Republic of Namibia v Ferusa Capital Financing Partners CC (HC-MD-CIV-ACT-CON- 2695 of 2020) [2022] NAHCMD 280 (7 June 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 2695 of 2020

The High Court granted the defendants leave to amend their plea, finding a satisfactory explanation for the omission and no prejudice that costs could not cure.

• Amendment of pleadings
• Costs
• Case management
• Pre-trial procedure
• Amendment-of-pleadings
• Pre-trial-procedure

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S v Nghihalwa and Others (CC 3 of 2020)

S v Nghihalwa and Others (CC 3 of 2020) [2022] NAHCMD 276 (2 June 2022)

Court

High Court Main Division

Case number

CC 3 of 2020

The High Court struck an application for leave to appeal from the roll because it failed to state proper grounds or show reasonable prospects of success.

• Leave to appeal
• Recusal of judge
• Fraud
• Money laundering
• Criminal-procedure
• Leave-to-appeal

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Popular Democratic Movement v Chairperson of the Electoral Commission and Others; Electoral Commission of Namibia v Tjirare and Others (SA 59 of 2020; SA 65 of 2020)

Popular Democratic Movement v Chairperson of the Electoral Commission and Others; Electoral Commission of Namibia v Tjirare and Others (SA 59 of 2020; SA 65 of 2020) [2022] NASC 18 (30 May 2022)

Court

Supreme Court

Case number

SA 59 of 2020 ; SA 65 of 2020

The Electoral Court had jurisdiction to hear the matter despite the statutory deadline, as strict application would result in injustice and was not intended by the legislature. The law does not permit a political party to alter its election list after polling day and publication in the Gazette; only the list as published is valid for the appointment of National Assembly members. The swearing-in of members not on the gazetted list was unlawful and invalid, but not unconstitutional in the narrow sense. The appeals are dismissed and the Electoral Court's order is substituted to reflect the curre…

Source excerpt

• Jurisdiction of electoral court
• Immutability of election lists
• Interpretation of electoral act and constitution
• Separation of powers

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Ongandjera Traditional Authority v IIyambo (HC-NLD-CIV-ACT-DEL 107 of 2021)

Ongandjera Traditional Authority v IIyambo (HC-NLD-CIV-ACT-DEL 107 of 2021) [2022] NAHCNLD 57 (30 May 2022)

Court

Northern Local Division

Case number

HC-NLD-CIV-ACT-DEL 107 of 2021

The High Court dismissed special pleas of defective service, lack of jurisdiction, and non-joinder in an eviction dispute over customary land rights.

• Defective service
• Jurisdiction
• Non-joinder
• Eviction
• Customary land rights
• Possession

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Marmorwerke Karibib (Proprietary) Limited v Transnamib Holdings Limited (SA 92 of 2020)

Marmorwerke Karibib (Proprietary) Limited v Transnamib Holdings Limited (SA 92 of 2020) [2022] NASC 17 (27 May 2022)

Court

Supreme Court

Case number

SA 92 of 2020

Rule 52 provides a self-contained procedure for amending pleadings; where no valid objection is made within the prescribed period, the amendment may be effected as of right without recourse to rule 32. The High Court erred in requiring compliance with rule 32 in the absence of a valid objection. The order striking out the notice and amendment was final and appealable.

Source excerpt

• Amendment of pleadings
• Case management
• Interlocutory applications

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Amutenja v Amutenja (HC-MD-CIV-ACT-OTH- 2282 of 2019)

Amutenja v Amutenja (HC-MD-CIV-ACT-OTH- 2282 of 2019) [2022] NAHCMD 264 (27 May 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 2282 of 2019

The High Court dismissed a spouse’s forfeiture claim over jointly owned property, finding unequal contribution alone did not make the benefit undue, and ordered termination of co-ownership.

• Divorce
• Proprietary rights
• Forfeiture of patrimonial benefits
• Termination of joint ownership
• Property-law
• Forfeiture-of-patrimonial-benefits

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Minister of Safety and Security and Another v Katamba and Others (HC-MD-CIV-MOT-GEN 215 of 2021)

Minister of Safety and Security and Another v Katamba and Others (HC-MD-CIV-MOT-GEN 215 of 2021) [2022] NAHCMD 263 (24 May 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 215 of 2021

The High Court of Namibia condoned late filing and rescinded a default judgment entered in the applicant’s absence, with each party ordered to bear its own costs.

• Rescission of judgment
• Default judgment
• Condonation
• Prescription
• Rescission-of-judgment
• Default-judgment

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