Namibia Case Law

August 26 Holdings (Pty) Ltd and Others v Broad–Based Network and Others (HC-MD-CIV-ACT-CON- 4219 of 2020)

August 26 Holdings (Pty) Ltd and Others v Broad–Based Network and Others (HC-MD-CIV-ACT-CON- 4219 of 2020) [2022] NAHCMD 249 (18 May 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 4219 of 2020

The High Court refused substitution of a deceased defendant’s executor and removed the executor, holding that a warrant and fugitive status made him unsuitable.

• Substitution of parties
• Removal of executor
• Judicial notice
• Fugitive from justice
• Substitution-of-parties
• Removal-of-executor

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McLean and Others v Botes (SA 54 of 2019)

McLean and Others v Botes (SA 54 of 2019) [2022] NASC 16 (17 May 2022)

Court

Supreme Court

Case number

SA 54 of 2019

The respondent was not entitled to commission on gross income; the proper construction of the agreement limited commission to nett income. The respondent overpaid himself, justifying his dismissal. However, the Trust's claims for recovery of overpayments and LawSure transaction were prescribed due to lack of diligence. Part of the respondent's pension claim was prescribed; only the portion for 2010 to date of summons survived. No party was awarded costs due to the respondent's improper conduct and the trustees' lack of diligence.

Source excerpt

• Trustee remuneration
• Employment termination
• Prescription of claims
• Interpretation of contracts
• Fiduciary duties
• Counterclaims

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Namcor Petroleum Trading and Distribution (Pty) Ltd v Shared Advertising Close Corporation, t/a Shared Petroleum (HC-MD-CIV-ACT-CON- 4596 of 2021)

Namcor Petroleum Trading and Distribution (Pty) Ltd v Shared Advertising Close Corporation, t/a Shared Petroleum (HC-MD-CIV-ACT-CON- 4596 of 2021) [2022] NAHCMD 245 (16 May 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 4596 of 2021

The High Court dismissed a summary judgment application, holding that the plaintiff should execute an existing court order rather than issue fresh summons on the same claim.

• Summary judgment
• Enforcement of settlement agreement
• Costs
• Summary-judgment
• Execution-of-court-order
• Settlement-agreement

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S v Kizonzi (CR 25 of 2022)

S v Kizonzi (CR 25 of 2022) [2022] NAHCNLD 51 (16 May 2022)

Court

Northern Local Division

Case number

CR 25 of 2022

On automatic review, the High Court upheld the sentence but substituted the conviction because the accused had been charged under the wrong statutory subsection.

• Overstaying visa
• Statutory interpretation
• Charge substitution
• Immigration-law
• Criminal-review
• Charge-substitution

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De Witt v Overo Investments CC (HC-MD-CIV-ACT-CON- 5121 of 2020)

De Witt v Overo Investments CC (HC-MD-CIV-ACT-CON- 5121 of 2020) [2022] NAHCMD 243 (13 May 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 5121 of 2020

High Court held that an arbitration clause using “may” was discretionary, did not oust jurisdiction, and dismissed the defendant’s special plea with costs.

• Interpretation of contracts
• Arbitration clauses
• Jurisdiction of court
• Judicial case management
• Arbitration-clauses
• Contract-interpretation

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SME and Medium Enterprises v Hochland Park Pharmacy Close Corporation and Moloi Trading Enterprises (HC-MD-CIV-MOT-REV 214 of 2021)

SME and Medium Enterprises v Hochland Park Pharmacy Close Corporation and Moloi Trading Enterprises (HC-MD-CIV-MOT-REV 214 of 2021) [2022] NAHCMD 240 (13 May 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 214 of 2021

The High Court lacks jurisdiction to review its own judgments, the applicants did not meet the requirements for rescission, and the applications were irregular proceedings under Rule 61, warranting their being set aside and struck out.

Source excerpt

• Jurisdiction
• Review of judgments
• Rescission of judgments
• Irregular proceedings

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Katjivikua and Others v Delport (I 1089 of 2016)

Katjivikua and Others v Delport (I 1089 of 2016) [2022] NAHCMD 236 (11 May 2022)

Court

High Court Main Division

Case number

I 1089 of 2016

The High Court reviewed a Taxing Master’s refusal to allow billing items 62 to 73 and held that Rule 52(8) covered amendment-related costs without a further court order.

• Taxation of costs
• Court orders
• Amendments
• Review of taxing master's decision
• Taxation-of-costs
• Review-of-taxing-masters-decision

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Gustavo v The Prosecutor-General (CC 6 of 2021)

Gustavo v The Prosecutor-General (CC 6 of 2021) [2022] NAHCMD 237 (11 May 2022)

Court

High Court Main Division

Case number

CC 6 of 2021

The High Court dismissed an application to recuse the trial judge, holding that prior prima facie comments in a bail appeal did not show bias.

• Judicial recusal
• Bias
• Prima facie findings
• Section 174 application
• Judicial-recusal
• Prima-facie-findings

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Gawiseb v S (CA 54 of 2016)

Gawiseb v S (CA 54 of 2016) [2022] NAHCMD 231 (10 May 2022)

Court

High Court Main Division

Case number

CA 54 of 2016

The High Court upheld rape and assault convictions, but ordered part of the sentences to run concurrently to reduce the cumulative effect of 60 years.

• Rape
• Assault with intent to do grievous bodily harm
• Assault by threat
• Minimum sentencing
• Single witness evidence
• Appeal procedure

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Titus v National Housing Enterprise (NHE) (HC-MD-LAB-APP-AAA 45 of 2021)

Titus v National Housing Enterprise (NHE) (HC-MD-LAB-APP-AAA 45 of 2021) [2022] NALCMD 28 (10 May 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-APP-AAA 45 of 2021

The High Court dismissed an appeal against a labour arbitration award upholding a salary deduction linked to absence from disciplinary proceedings and lack of a medical certificate.

• Unfair labour practice
• Salary deduction
• Sick leave
• Disciplinary proceedings
• Labour-law
• Salary-deduction

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