Namibia Case Law

Zimny v van Wyk and Others (HC-MD-CIV-ACT-CON-2021/02437)

Zimny v van Wyk and Others (HC-MD-CIV-ACT-CON-2021/02437) [2023] NAHCMD 170 (15 April 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON-2021/02437

The defendant was contractually obliged to pay VAT in addition to the purchase price if the transaction was not zero rated. The contract clearly placed the responsibility to register for VAT on the defendant, who failed to do so and took transfer of the property. The defendant's reliance on alleged advice from the third parties did not absolve him of his contractual obligations. The third parties were not liable to indemnify the defendant for the VAT, as the defendant's own inaction was the cause of his loss. However, the third parties were liable for the overpayment of transfer duties, as th…

Source excerpt

• Interpretation of contracts
• Value added tax (vat) liability
• Transfer duty calculation
• Duty of care by conveyancers
• Condition precedent in contracts
• Zero rating of property transactions

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Hatuikulipi v S (CC 6 of 2021)

Hatuikulipi v S (CC 6 of 2021) [2022] NALCMD 693 (27 December 2022)

Court

Labour Court Main Division

Case number

CC 6 of 2021

The applicant's new facts, though new, do not establish a new perspective that impacts on the old facts or change the basis on which bail was initially refused. The State has made out a strong prima facie case, the offences are serious, and the interests of justice do not merit release on bail under these circumstances.

Source excerpt

• Bail
• New facts in bail applications
• Racketeering
• Money laundering
• Fraud
• Theft

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Hatuikulipi v S (CC 6 of 2021)

Hatuikulipi v S (CC 6 of 2021) [2022] NAHCMD 693 (27 December 2022)

Court

High Court Main Division

Case number

CC 6 of 2021

The applicant's new facts, though new, do not change the basis on which bail was initially refused. The State has established a strong prima facie case, and the seriousness of the offences, public interest, and administration of justice justify continued detention. The new facts do not establish a new perspective impacting the old facts; bail is refused.

Source excerpt

• Bail
• New facts in bail applications
• Racketeering
• Money laundering
• Fraud
• Theft

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Pupkewitz and Sons (Pty) Ltd v Muundjua (HC-MD-CIV-MOT-GEN 274 of 2022)

Pupkewitz and Sons (Pty) Ltd v Muundjua (HC-MD-CIV-MOT-GEN 274 of 2022) [2022] NAHCMD 690 (21 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 274 of 2022

High Court stayed execution of a labour arbitration award pending appeal, finding the urgent application bona fide, the appeal valid, and irreparable harm shown.

• Stay of execution
• Urgent applications
• Labour arbitration awards
• Appeals
• Irreparable harm
• Stay-of-execution

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Haufiku v Minister of Home Affairs, Immigration, Safety and Security (HC-MD-CIV-ACT-OTH- 3665 of 2021)

Haufiku v Minister of Home Affairs, Immigration, Safety and Security (HC-MD-CIV-ACT-OTH- 3665 of 2021) [2022] NAHCMD 689 (19 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 3665 of 2021

The High Court found a correctional officer unlawfully assaulted an inmate with a cell burglar door, held the State vicariously liable, and awarded N$50,000.

• Assault
• Vicarious liability
• Damages for pain and suffering
• Contumelia
• Bodily integrity
• Vicarious-liability

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Shaanika v JJJ Transport CC (HC-MD-CIV-ACT-CON 1565 of 2021)

Shaanika v JJJ Transport CC (HC-MD-CIV-ACT-CON 1565 of 2021) [2022] NAHCMD 688 (16 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON 1565 of 2021

The High Court enforced a settlement agreement for unpaid rent, finding no suspensive condition and rejecting a legality challenge under the Local Authorities Act.

• Suspensive conditions
• Settlement agreements
• Illegality of contract
• Enforceability of court orders
• Lease of immovable property
• Contract-law

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Pupkewitz Motor Division (Pty) Ltd v Katjiruru (HC-MD-LAB-APP-AAA 62 of 2021)

Pupkewitz Motor Division (Pty) Ltd v Katjiruru (HC-MD-LAB-APP-AAA 62 of 2021) [2022] NALCMD 78 (16 December 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-APP-AAA 62 of 2021

The appellant failed to comply with the procedural requirements of section 34 of the Labour Act, did not negotiate in good faith, and did not prove that retrenchment was a measure of last resort or that no alternatives existed. The dismissal was both procedurally and substantively unfair. However, the compensation award was set aside due to insufficient evidence on mitigation of loss, and the matter was remitted for reconsideration of compensation.

Source excerpt

• Retrenchment
• Unfair dismissal
• Compensation
• Procedural fairness
• Substantive fairness

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Natural Namibia Meat Producers (Pty) Ltd v Council for the Town of Aranos (HC-MD-CIV-ACT-CON- 4960 of 2018)

Natural Namibia Meat Producers (Pty) Ltd v Council for the Town of Aranos (HC-MD-CIV-ACT-CON- 4960 of 2018) [2022] NAHCMD 682 (13 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 4960 of 2018

The High Court held that the plaintiff was entitled to mora interest at the prescribed rate on an admitted overcharged amount, from 10 January 2019.

• Mora interest
• Damages for breach of contract
• Set-off
• Authority of local authorities
• Prescription of claims
• Mora-interest

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S v Amunyela (CC 13 of 2020)

S v Amunyela (CC 13 of 2020) [2022] NAHCNLD 130 (13 December 2022)

Court

Northern Local Division

Case number

CC 13 of 2020

The High Court of Namibia convicted the accused of murder, finding circumstantial evidence and last-seen evidence excluded any reasonable innocent inference.

• Murder
• Circumstantial evidence
• Domestic violence
• Burden of proof
• Admissibility of evidence
• Circumstantial-evidence

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

Government of the Republic of Namibia v Ferusa Capital Financing Partners CC (HC-MD-CIV-ACT-CON- 2695 of 2020) [2022] NAHCMD 684 (13 December 2022)

Court

High Court Main Division

Case number

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

The High Court refused to refer a construction dispute to arbitration, holding the plaintiffs’ claims were broader than the contract and the plea was raised too late.

• Arbitration clause
• Stay of proceedings
• Damages
• Contractual remedies
• Arbitration
• Stay-of-proceedings

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