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Namibia Case Law

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Civil law [2020] NAHCMD 538

Namibia News Distributors (Pty) Ltd v Kashe (HC-MD-CIV-ACT-DEL- 1553 of 2018)

Namibia News Distributors (Pty) Ltd v Kashe (HC-MD-CIV-ACT-DEL- 1553 of 2018) [2020] NAHCMD 538 (23 November 2020)

The High Court granted absolution from the instance after finding the plaintiff failed to establish a prima facie case in a vehicle-collision damages claim.

  • Absolution from the instance
  • Negligence
  • Motor vehicle collision
  • Prima facie case
  • Absolution-from-the-instance
  • Prima-facie-case
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Civil law [2020] NAHCMD 591

Bruni v Kahunda (HC-MD-CIV-ACT-OTH 2269 of 2020)

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.

  • Unjust enrichment
  • Condictio indebiti
  • Summary judgment
  • Liquidation
  • Fraud
  • Money laundering
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Civil law [2020] NAHCMD 102

Lombaard and Another v Namibia Media Holdings (Pty) Ltd and Another (HC-MD-CIV-ACT-DEL 4304 of 2017)

Lombaard and Another v Namibia Media Holdings (Pty) Ltd and Another (HC-MD-CIV-ACT-DEL 4304 of 2017) [2020] NAHCMD 102 (2 March 2020)

The court found the article was defamatory, the defences of truth, public interest, and fair comment failed due to lack of verification and factual inaccuracy, and the publication was not reasonable as the journalist did not make a genuine effort to obtain the plaintiffs' response or verify facts. Damages were awarded to vindicate the plaintiffs' reputations.

  • Defamation
  • Media liability
  • Reasonable publication
  • Public interest defence
  • Fair comment
  • Damages for defamation
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Civil law [2014] NAHCMD 196

Government of Republic of Namibia (Minister of Safety and Security) v Ipinge (739 of 2012)

Government of Republic of Namibia (Minister of Safety and Security) v Ipinge (739 of 2012) [2014] NAHCMD 196 (23 June 2014)

The High Court held that a former police officer who kept receiving salary after discharge was unjustly enriched and must repay the amount.

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Civil law [1995] NAHC 19

H Charny & Company (Pty) Ltd v Segall & Matheson Properties (1201 of 1995)

H Charny & Company (Pty) Ltd v Segall & Matheson Properties (1201 of 1995) [1995] NAHC 19 (20 September 1995)

The right to claim compensation for improvements to leased urban tenements accrues when the improvements are completed and the materials become immovable, not upon termination of the lease or vacation of the property. The Dutch Placaeten do not apply to urban tenements. Therefore, the plaintiff's alternative claim is prescribed as it was brought more than three years after completion of the improvements.

  • Prescription
  • Compensation for improvements
  • Lease of urban tenements
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