Shirichena v Namibia Training Authority and Others (LCA 4 of 2016) [2016] NAHCNLD 81 (23 September 2016)

Shirichena v Namibia Training Authority and Others (LCA 4 of 2016) [2016] NAHCNLD 81 (23 September 2016)

The applicant's repeated and unjustified litigation after the conclusion of his labour appeal constitutes an abuse of court process. The court has a duty to protect itself and the public from such abuse, and the applicant's matters are to be transferred to the Main Division, with restrictions on further filings without judicial authority.

Citation
[2016] NAHCNLD 81
Parties
Applicant: Tambaoga Shirichena; 1st Respondent: Namibia Training Authority; 2nd Respondent: Ms. Maano Kalomo; 3rd Respondent: Labour Commissioner
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
23 September 2016
Case Number
LCA 4 of 2016
Procedural Posture
Labour Court Appeal / Judgment on Abuse of Process and Transfer of Matters
Outcome
Applicant's matters transferred; restrictions imposed; no order as to costs.
Legal Topics
Abuse of Process, Vexatious Litigation, Jurisdiction, Transfer of Proceedings, Right of Access to Court
Source Language
English
Civil Procedure Labour Law Immigration Law Abuse of Process Vexatious Litigation Jurisdiction Transfer of Proceedings Right of Access to Court

Case Brief

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Parties

Tambaoga Shirichena

Applicant

Namibia Training Authority

1st Respondent

Ms. Maano Kalomo

2nd Respondent

Labour Commissioner

3rd Respondent

Procedural Posture

Labour Court Appeal / Judgment on Abuse of Process and Transfer of Matters

Legal Issues

  1. 1 Whether the applicant's multiple applications constitute an abuse of court process
  2. 2 Whether the applicant was entitled to remain in Namibia after conclusion of his labour appeal
  3. 3 Whether the court should restrict the applicant's access to filing further matters

Ratio Decidendi

The applicant's repeated and unjustified litigation after the conclusion of his labour appeal constitutes an abuse of court process. The court has a duty to protect itself and the public from such abuse, and the applicant's matters are to be transferred to the Main Division, with restrictions on further filings without judicial authority.

Court Disposition

Applicant's matters transferred; restrictions imposed; no order as to costs.

Orders

  • All applicant’s matters, including specified cases, are transferred to the Main Division, Windhoek.
  • Registrar’s Office, Northern Local Division, Oshakati, is directed not to accept any matter filed by Mr Shirichena without the authority of the Judge President.