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Namibia decisions
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Cloete v Komsberg Farming (Pty) Ltd (in liquidation) (I 2551 of 2014) [2022] NAHCMD 458 (25 August 2022)
The High Court refused late intervention and evidence-related relief in a liquidation dispute, striking part of the motion and awarding costs against the applicants.
Winckler v Standard Bank Namibia Limited (HC-MD-CIV-ACT-CON- 3324 of 2018) [2022] NAHCMD 408 (12 August 2022)
The High Court refused a stay of proceedings pending a review of the Master’s decision to admit a claim in an insolvent estate, finding no exceptional circumstances.
TiAuto Wholesalers (Pty) Ltd v Van Rensburg Holdings CC (HC-MD-CIV-MOT-GEN 135 of 2021) [2022] NAHCMD 328 (1 July 2022)
Applicant failed to strictly comply with section 69(1)(a) of the Close Corporations Act regarding service of demand at the registered office, and failed to establish respondent's indebtedness due to a compromise with the holding company. No prima facie case for provisional winding-up was made out.
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Winckler v Standard Bank Namibia Ltd (HC-MD-CIV-ACT-CON- 3324 of 2018) [2021] NAHCMD 584 (9 December 2021)
The High Court granted condonation and ordered specific discovery of a claim admitted to proof in insolvent estate proceedings, finding it relevant to the suretyship defence.
Namibia Star CC and Others v Bank Windhoek and Others (HC-MD-CIV-MOT-GEN 217 of 2020) [2021] NAHCMD 331 (16 July 2021)
The orders of 13 February 2020 were granted erroneously and in the absence of the applicants, who were not properly served or represented; Mr Mbutu had locus standi as a member and shareholder; thus, rescission under Rule 103(1)(a) is warranted.
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Bruni NO and Others v Minister of Finance and Others (SA 49 of 2019) [2021] NASC 23 (11 June 2021)
The Supreme Court held that the High Court erred in restricting the availability of a commission of enquiry to cases of wrongdoing or compulsory winding-up. The statutory scheme allows for such an enquiry in voluntary winding-up if just and equitable, to assist liquidators in fulfilling their duties. The appellants, as newcomers, were entitled to the enquiry to determine whether to pursue or defend claims relating to the company's assets. The application was not an abuse of process, and the facts justified the order sought.
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Bruni v Kahunda (HC-MD-CIV-ACT-OTH 2269 of 2020) [2020] NAHCMD 591 (28 October 2020)
Summary judgment was granted against the first defendant for N$300,000, with interest and costs, in an unjust enrichment claim arising from SME Bank-related payments.
Rockview Investment Number Seventy One CC v Nottingham Incorporated (SA 53 of 2018) [2020] NASC 40 (11 August 2020)
The receiver, acting on behalf of Nottingham, lacked locus standi to bring the winding-up application in Namibia without first obtaining recognition by the High Court, and the court order did not authorize the receiver to institute such proceedings. The application should have been dismissed for lack of standing.
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Nottingham Incorporated v Rockview Investment Number Seventy (Pty) Ltd and VXK Investments Thirty (APPEAL 16 of 2016) [2018] NAHCMD 278 (28 August 2018)
The arbitral award made an order of court created a new cause of action; respondents' admissions of insolvency in settlement offers are admissible; applicant's claim against the surety has not prescribed; respondents are unable to pay their debts and must be wound up.
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Equity Aviation Services (Pty) Ltd v Equity Aviation Namibia (Pty) Ltd and Another (310 of 2011) [2012] NAHC 90 (9 March 2012)
The High Court of Namibia confirmed a provisional liquidation order, found the company insolvent, and dismissed an intervening judgment creditor’s attempt to set it aside.
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