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Namibia Case Law

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Criminal law [2021] NAHCMD 257

S v Mukuve

S v Mukuve (CRIMINAL 46 of 2021) [2021] NAHCMD 257 (27 May 2021)

High Court review setting aside convictions for culpable homicide and failure to render assistance, because the trial court relied on inadmissible hearsay and weak circumstantial evidence.

  • Culpable homicide
  • Hearsay evidence
  • Circumstantial evidence
  • Failure to render assistance
  • Operating without driver's license
  • Hearsay-evidence
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Property law [2019] NAHCMD 264

Enkali v Kahuure and Others (3099 of 2015)

Enkali v Kahuure and Others (3099 of 2015) [2019] NAHCMD 264 (31 July 2019)

The plaintiff failed to prove entitlement to eviction on a balance of probabilities. The first defendant's version of lawful purchase and occupation was credible, corroborated by independent evidence, and consistent with probabilities. The sale agreement was valid and exempt from stamp duty. The plaintiff's objections were procedurally improper and lacked merit. The defendant is entitled to transfer of the property.

  • Eviction
  • Sale of immovable property
  • Stamp duties act
  • Transfer of property
  • Pre-trial procedure
  • Burden of proof
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Contract law [2018] NAHCMD 121

Conrad v Dohrmann and Another (2073 of 2015)

Conrad v Dohrmann and Another (2073 of 2015) [2018] NAHCMD 121 (14 May 2018)

The High Court held a mixed sale agreement was divisible and that the defendants repudiated the furniture and inventory portion, entitling the plaintiff to recover N$400,000.

  • Divisibility of contract
  • Repudiation
  • Notice of cancellation
  • Pre-trial order
  • Adverse inference
  • Heads of argument
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Civil procedure [2018] NAHCMD 94

Beukes and Another v First National Bank Limited and Others (HC-MD-CIV-MOT-GEN 235 of 2017)

Beukes and Another v First National Bank Limited and Others (HC-MD-CIV-MOT-GEN 235 of 2017) [2018] NAHCMD 94 (13 April 2018)

The High Court dismissed an application to set aside a sale in execution, holding that the applicants’ valuation certificate was inadmissible and Rule 110(9) was not proved breached.

  • Sale in execution
  • Valuation of immovable property
  • Admissibility of evidence
  • Interpretation of court rules
  • Sale-in-execution
  • Valuation-of-immovable-property
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Criminal law [2005] NAHC 10

S v Nango (CA 171 of 2003)

S v Nango (CA 171 of 2003) [2005] NAHC 10 (8 June 2005)

High Court appeal on rape conviction and sentence. The court upheld a child witness identification as reliable and increased the sentence to 15 years.

  • Rape
  • Identification evidence
  • Child witness
  • Minimum sentencing
  • Criminal-law
  • Identification-evidence
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Law of agency [2002] NAHC 5

No. 1 Estates CC v Baard (1206 of 2002)

No. 1 Estates CC v Baard (1206 of 2002) [2002] NAHC 5 (3 September 2002)

The plaintiff failed to prove on a balance of probabilities that its introduction of the purchaser to the property was the effective cause of the sale. The sale resulted from a new and unrelated chain of events initiated by the defendant, and the plaintiff's involvement was not a consistent, uninterrupted, and major positive force leading to the sale.

  • Estate agent commission
  • Causation in agency
  • Contractual relationship
  • Effective cause of sale
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Contract law [2002] NAHC 1

Sprangers v FGI Namibia Ltd (578 of 2000)

Sprangers v FGI Namibia Ltd (578 of 2000) [2002] NAHC 1 (29 January 2002)

High Court of Namibia insurance claim case on theft, onus of proof, and a policy duty to prevent loss; plaintiff succeeded for the agreed indemnity.

  • Onus of proof in insurance contracts
  • Interpretation of insurance policy terms
  • Duty to prevent loss under insurance
  • Fraudulent claims in insurance
  • Scope of 'accidental loss'
  • Insurance-law
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Contract [2002] NAHC 7

Nakanyala v Old Mutual Namibia Limited ((P)I 578/2000) ([P] I 578 of 2000)

Nakanyala v Old Mutual Namibia Limited ((P)I 578/2000) ([P] I 578 of 2000) [2002] NAHC 7 (29 January 2002)

Namibian High Court insurance case on theft cover, burden of proof, and whether the insured breached a duty to prevent loss.

  • Insurance contracts
  • Onus of proof
  • Policy terms
  • Burglary
  • Fraudulent claims
  • Duty to prevent loss
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