Namibia Case Law

Overberg Fishing Company (Pty) Ltd v Caltop Investment (Pty) Ltd (HC-MD-CIV-MOT-GEN 494 of 2021)

Overberg Fishing Company (Pty) Ltd v Caltop Investment (Pty) Ltd (HC-MD-CIV-MOT-GEN 494 of 2021) [2022] NAHCMD 679 (9 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 494 of 2021

The High Court of Namibia found Caltop Investments and its director in contempt of an enforcement order, while holding that Merlus respondents lacked standing to oppose.

• Contempt of court
• Enforcement of arbitration awards
• Standing to oppose
• Joint venture agreements
• Costs orders
• Contempt-of-court

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S v Hendrickse (CR 141 of 2022)

S v Hendrickse (CR 141 of 2022) [2022] NAHCMD 676 (9 December 2022)

Court

High Court Main Division

Case number

CR 141 of 2022

The High Court set aside a drug conviction and sentence because the accused’s guilty-plea admissions did not adequately prove the substance was cannabis.

• Possession of dependence producing substances
• Admissions under s 112(1)(b) cpa
• Proof of prohibited substances
• Criminal-law
• Guilty-plea-inquiry
• Drug-possession

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Numwa v Ndapopiwa N.O. (HC-MD-CIV-MOT-REV 349 of 2021)

Numwa v Ndapopiwa N.O. (HC-MD-CIV-MOT-REV 349 of 2021) [2022] NAHCMD 678 (9 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 349 of 2021

The High Court reviewed and set aside a land appeal tribunal decision after finding it exceeded its powers by conducting a hearing de novo.

• Judicial review
• Scope of appellate powers
• Communal land rights
• Procedural fairness
• Judicial-review
• Communalland-rights

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Addi Investment Africa (Pty) Ltd v Minister of Works and Transport (HC-MD-CIV-ACT-CON- 2327 of 2019)

Addi Investment Africa (Pty) Ltd v Minister of Works and Transport (HC-MD-CIV-ACT-CON- 2327 of 2019) [2022] NAHCMD 673 (9 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 2327 of 2019

The agreement between the plaintiff and the defendants was invalid and unenforceable due to non-compliance with the Public Procurement Act. However, the plaintiff performed demolition works in the mistaken but reasonable belief that a valid agreement existed, and the defendants were unjustly enriched by the value of those works. The plaintiff is entitled to recover the value of the enrichment, as agreed by the parties’ experts.

Source excerpt

• Validity of government contracts
• Statutory compliance in procurement
• Unjust enrichment claims
• Condictio indebiti

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Dumeni and Another v S (HC-MD-CRI-APP-CAL 48 of 2022)

Dumeni and Another v S (HC-MD-CRI-APP-CAL 48 of 2022) [2022] NAHCMD 680 (9 December 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 48 of 2022

The High Court reduced two escape-from-custody sentences from 36 to 24 months, finding the original sentences harsh and out of step with precedent.

• Sentencing
• Appeal
• Escaping from lawful custody
• Criminal-sentencing
• Criminal-appeal
• Escape-from-lawful-custody

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Hangayika v Amazing Kids Private School & Academy (HC-MD-CIV-MOT-GEN 271 of 2022)

Hangayika v Amazing Kids Private School & Academy (HC-MD-CIV-MOT-GEN 271 of 2022) [2022] NALCMD 77 (9 December 2022)

Court

Labour Court Main Division

Case number

HC-MD-CIV-MOT-GEN 271 of 2022

The High Court refused an urgent labour application, finding the applicant failed to meet rule 73(4) and that the urgency was self-created.

• Urgent applications
• Costs in labour disputes
• Unfair labour practice
• Interdicts
• Urgent-applications
• Self-created-urgency

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S v Masikilo (CR 139 of 2022)

S v Masikilo (CR 139 of 2022) [2022] NAHCMD 669 (8 December 2022)

Court

High Court Main Division

Case number

CR 139 of 2022

On automatic review, the court set aside an incorrect conviction for housebreaking with intent to steal and theft and substituted housebreaking with intent to steal.

• Housebreaking
• Intent to steal
• Conviction substitution
• Suspended sentence
• Criminal-law
• Intent-to-steal

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S v Geingob (CR 137 of 2022)

S v Geingob (CR 137 of 2022) [2022] NAHCMD 660 (8 December 2022)

Court

High Court Main Division

Case number

CR 137 of 2022

On review, the High Court confirmed a contempt conviction but set aside a six-month sentence as unlawful and substituted 45 days’ imprisonment.

• Contempt in facie curiae
• Sentencing
• Review powers
• Criminal-law
• Contempt-of-court
• Judicial-review

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Akpabio v Body Corporate Thorendal (HC-MD-CIV-APP-AMC 4 of 2021)

Akpabio v Body Corporate Thorendal (HC-MD-CIV-APP-AMC 4 of 2021) [2022] NAHCMD 672 (8 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-APP-AMC 4 of 2021

High Court review of a taxation: the judge set aside several items allowed for instructed-counsel work, upheld two items, and remitted the bill for retaxation.

• Taxation of costs
• Party and party costs
• Discretion of taxing officer
• Taxation-of-costs
• Party-and-party-costs
• Taxing-officer-discretion

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S v April (CR 1856 of 2022)

S v April (CR 1856 of 2022) [2022] NAHCMD 670 (8 December 2022)

Court

High Court Main Division

Case number

CR 1856 of 2022

The accused was not properly informed of the consequences of making formal admissions under section 220, and some admissions were improperly extracted by the court, rendering the conviction unsafe. The delay in forwarding the record for review also constituted a miscarriage of justice.

Source excerpt

• Formal admissions
• Section 220 criminal procedure act
• Combating domestic violence
• Review procedure
• Magistrate's duties

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