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Namibia decisions
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S v Naobeb (CR 35 of 2022) [2022] NAHCMD 229 (10 May 2022)
On automatic review, the High Court confirmed convictions and sentences but remitted the matter for compliance with section 10(7) of the Arms and Ammunition Act.
Chika and Others v Commissioner General Raphael Amunyela: Namibia Correctional Facility and Others (HC-MD-CIV-MOT-GEN 51 of 2020) [2022] NAHCMD 233 (10 May 2022)
The Correctional Service Act 9 of 2012 applies to the applicants as it was in force at the time of sentencing. Section 114(1) is not unconstitutional as it does not amount to unfair or unjust discrimination and does not impose a harsher penalty than that applicable at the time of the offence. The applicants are not entitled to parole consideration under the repealed statutes, and the application of section 114(1) is not retrospective in a manner that violates the Constitution.
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Gregory v Minister of Safety and Security (HC-MD-CIV-ACT-OTH- 1397 of 2021) [2022] NAHCMD 228 (9 May 2022)
The plaintiff's claim is prescribed because the first action did not interrupt prescription due to lack of statutory notice, and the present action was instituted outside the statutory period prescribed by s 133(3) of the Correctional Service Act. The conduct complained of was in pursuance of the Act, and the plaintiff bound himself to its provisions.
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Majiedt v S (HC-MD-CRI-APP-CAL 33 of 2019) [2022] NAHCMD 227 (6 May 2022)
The High Court upheld an appeal against robbery conviction and sentence, finding the magistrate misdirected herself on intention and that the appellant’s version was not disproved.
Mbambi v Minister of Home Affairs, Safety and Immigration (HC-MD-CIV-ACT-DEL- 3830 of 2021) [2022] NAHCMD 226 (6 May 2022)
The particulars of claim are excipiable not for failing to disclose a cause of action, but for failing to state the nature of the guardianship exercised by the person assisting the minor, rendering the pleading vague and embarrassing. The relationship or capacity of the alleged guardian must be disclosed to establish locus standi and to prevent abuse, especially in light of child protection concerns.
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Delport v Alweendo (HC-MD-CIV-ACT-OTH- 3810 of 2019) [2022] NAHCMD 225 (6 May 2022)
The High Court dismissed a claim for dissolution of an alleged partnership, finding no valid consensus on partnership terms and that a key document was induced by misrepresentation.
S v Uwukhaeb (CR 24 of 2022) [2022] NAHCNLD 49 (29 April 2022)
High Court review of a 16-year-old’s conviction and sentence for housebreaking and theft. Conviction confirmed, but sentence set aside for fresh sentencing with a pre-sentence report.
Ohorongo Cement (Pty) Ltd v Erasmus (HC-MD-CIV-MOT-GEN 257 of 2021) [2022] NAHCMD 222 (29 April 2022)
The High Court ordered attorney-and-client costs against the respondent for dishonest opposition in a sequestration matter, and declined referral to the Prosecutor General.
S v Ndawedwa (CR 23 of 2022) [2022] NAHCNLD 48 (28 April 2022)
On automatic review, the High Court confirmed the main convictions but corrected an incompetent contempt sentence to match the statutory maximum.
Prime Paradise v Wilmington Savings Fund Society FSB and Others (SA 86 of 2021; SA 92 of 2021) [2022] NASC 14 (26 April 2022)
The Supreme Court held that the High Court correctly exercised its wide discretion under Rule 138 to order the sale of the vessel pendente lite, as the registered owner supported the sale, the mortgagee's claim was undisputed, and Prime's opposition was based on inadmissible hearsay and unsupported allegations of fraud. The court further held that ACT Maritime LLC had standing under the loan agreement and mortgage. The order for security for preservation costs was interlocutory and, without leave to appeal, the appeal was struck from the roll.
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