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Namibia Case Law

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Administrative law [2022] NAHCMD 655

Vincent & Tiffany Construction CC v Deputy Governor of the Bank of Namibia (HC-MD-CIV-MOT-GEN 312 of 2021)

Vincent & Tiffany Construction CC v Deputy Governor of the Bank of Namibia (HC-MD-CIV-MOT-GEN 312 of 2021) [2022] NAHCMD 655 (2 December 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-GEN 312 of 2021

The Deputy Governor of the Bank of Namibia lacked authority, power, capacity, competence and jurisdiction to issue the Notice and Order of Forfeiture on 5 July 2021; the Notice and Order are invalid and set aside. Regulations 22A and 22B are applicable and valid in Namibia, but the forfeiture decision was not lawfully made.

Source excerpt

  • Exchange control
  • Delegation of authority
  • Forfeiture of funds
  • Applicability of foreign regulations
  • Constitutional consistency
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Civil procedure [2022] NASC 43

Standard Bank Namibia Ltd v Nekwaya (SA 95 of 2020)

Standard Bank Namibia Ltd v Nekwaya (SA 95 of 2020) [2022] NASC 43 (1 December 2022)

Court
Supreme Court
Case number
SA 95 of 2020

The Credit Agreements Act 75 of 1980 did not apply to the instalment sale agreement as the cash price exceeded the statutory threshold; thus, the High Court's basis for granting absolution from the instance fell away. The appellant established a prima facie case requiring a response from the respondent, and the weak explanation for delay was outweighed by strong prospects of success. Condonation and reinstatement were therefore granted, the appeal upheld, and the matter remitted for continuation of trial.

Source excerpt

  • Condonation
  • Absolution from the instance
  • Credit agreements act
  • Appeal procedure
  • Costs
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Banking law [2022] NAHCMD 627

Atlantic Ocean Management (Pty) Ltd v Prosecutor General (HC-MD-CIV-MOT-GEN 172 of 2017)

Atlantic Ocean Management (Pty) Ltd v Prosecutor General (HC-MD-CIV-MOT-GEN 172 of 2017) [2022] NAHCMD 627 (7 November 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-GEN 172 of 2017

The High Court dismissed an application to release funds from a Bank Windhoek account, citing delay, a later related action, and possible forfeiture under exchange control rules.

  • Exchange control
  • Forfeiture of funds
  • Judicial review
  • Delay in litigation
  • Exchange-control
  • Judicial-review
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Banking law [2022] NAHCMD 608

Collexia Payments (Pty) Ltd v Bank of Namibia (HC-MD-CIV-MOT-REV 457 of 2022)

Collexia Payments (Pty) Ltd v Bank of Namibia (HC-MD-CIV-MOT-REV 457 of 2022) [2022] NAHCMD 608 (7 November 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-REV 457 of 2022

The High Court granted urgent interim relief to Collexia, staying steps toward Trustco Bank’s winding-up to allow a transition to another sponsoring bank.

  • Urgent applications
  • Locus standi
  • Interim interdicts
  • Bank liquidation
  • Payment systems
  • Urgent-applications
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Civil procedure [2022] NAHCMD 339

CBI Exchange Namibia (Proprietary) Limited v Bank of Namibia and Others (HC-MD-CIV-MOT-GEN 239 of 2022)

CBI Exchange Namibia (Proprietary) Limited v Bank of Namibia and Others (HC-MD-CIV-MOT-GEN 239 of 2022) [2022] NAHCMD 339 (7 July 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-GEN 239 of 2022

The High Court enforced an earlier order requiring release of funds from a frozen bank account for necessary day-to-day business expenses and granted urgent relief.

  • Compliance with court orders
  • Interpretation of judgments
  • Urgent applications
  • Bank account freezes
  • Mandamus
  • Urgent-applications
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Civil procedure [2022] NAHCMD 78

Standard Bank Namibia Limited v Moyo (HC-MD-CIV-ACT-CON- 773 of 2019)

Standard Bank Namibia Limited v Moyo (HC-MD-CIV-ACT-CON- 773 of 2019) [2022] NAHCMD 78 (24 February 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON- 773 of 2019

The High Court refused to declare a family home specially executable under rule 108, finding the debtor’s ongoing payments were a viable alternative.

  • Execution of immovable property
  • Rule 108 applications
  • Primary residence protection
  • Mortgage enforcement
  • Judicial oversight in execution
  • Rule-108
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Contract law [2022] NAHCMD 68

Small and Medium Enterprises Bank Limited v Riverside Trading Enterprises and Another (HC-MD-CIV-ACT-CON- 4269 of 2020)

Small and Medium Enterprises Bank Limited v Riverside Trading Enterprises and Another (HC-MD-CIV-ACT-CON- 4269 of 2020) [2022] NAHCMD 68 (21 February 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON- 4269 of 2020

The High Court held that the bank proved the loan and outstanding balance, while the defendants failed to prove full payment. Judgment was granted for the bank.

  • Loan agreement
  • Suretyship
  • Payment defence
  • Liquidation
  • Set-off
  • Loan-agreement
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Civil procedure [2021] NAHCMD 547

Naruseb v Letshego Financial Services and Others (HC-MD-CIV-MOT-GEN 447 of 2020)

Naruseb v Letshego Financial Services and Others (HC-MD-CIV-MOT-GEN 447 of 2020) [2021] NAHCMD 547 (23 November 2021)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-GEN 447 of 2020

High Court dismissed an urgent spoliation application over N$100,000 withdrawn from a bank account, finding the withdrawal was contractually authorised.

  • Mandament van spolie
  • Bank-customer relationship
  • Contractual authorisation for debit
  • Urgency in applications
  • Commixtio doctrine
  • Mandament-van-spolie
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Contract law [2021] NASC 48

Nedbank Namibia Ltd v Faida Trading and Clearing Enterprises CC (SA 47 of 2018)

Nedbank Namibia Ltd v Faida Trading and Clearing Enterprises CC (SA 47 of 2018) [2021] NASC 48 (18 November 2021)

Court
Supreme Court
Case number
SA 47 of 2018

The respondent failed to prove on a balance of probabilities that the appellant lacked mandate to effect the transfer or that the appellant was negligent. The indemnity contract signed by the respondent applies and covers the alleged negligent conduct. Damages were not proved. The High Court's credibility findings were not supported by the evidence and were set aside.

Source excerpt

  • Indemnity clauses
  • Negligence
  • Mandate in banking transactions
  • Damages
  • Pleadings and issues for trial
  • Appellate review of credibility findings
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Contract law [2021] NASC 39

Standard Bank Namibia Ltd v Groenewald and Others (SA 56 of 2019)

Standard Bank Namibia Ltd v Groenewald and Others (SA 56 of 2019) [2021] NASC 39 (4 October 2021)

Court
Supreme Court
Case number
SA 56 of 2019

The suretyship signed by the deceased is valid because the third respondent, by her conduct and involvement in the transaction, gave the requisite consent, and the appellant could not have known of any lack of written consent; thus, consent is deemed to have been given under s 8(1)(a) of the Act. The High Court erred in holding the suretyship and mortgage bonds invalid. The burden of proof was on the respondents to establish lack of consent and marital status, which they failed to do.

Source excerpt

  • Suretyship
  • Married persons equality act
  • Spousal consent
  • Mortgage bonds
  • Burden of proof
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About this LexChat collection

Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.