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Namibia Case Law

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Criminal law [2022] NAHCMD 660

S v Geingob (CR 137 of 2022)

S v Geingob (CR 137 of 2022) [2022] NAHCMD 660 (8 December 2022)

On review, the High Court confirmed a contempt conviction but set aside a six-month sentence as unlawful and substituted 45 days’ imprisonment.

  • Contempt in facie curiae
  • Sentencing
  • Review powers
  • Criminal-law
  • Contempt-of-court
  • Judicial-review
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Civil procedure [2021] NAHCMD 454

Diekmann v Free Press of Namibia (Pty) Ltd and Others (HC-MD-CIV-ACT-DEL- 4201 of 2020)

Diekmann v Free Press of Namibia (Pty) Ltd and Others (HC-MD-CIV-ACT-DEL- 4201 of 2020) [2021] NAHCMD 454 (1 October 2021)

The High Court refused defendants leave to appeal against dismissal of their exception in a contempt matter, finding no reasonable prospects of success.

  • Exception procedure
  • Appealability of interlocutory orders
  • Institution of contempt proceedings
  • Interpretation of court rules
  • Contempt-of-court
  • Leave-to-appeal
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Civil procedure [2021] NAHCMD 317

Diekmann v Free Press of Namibia (Pty) Ltd (HC-MD-CIV-ACT-DEL- 4201 of 2020)

Diekmann v Free Press of Namibia (Pty) Ltd (HC-MD-CIV-ACT-DEL- 4201 of 2020) [2021] NAHCMD 317 (24 June 2021)

The High Court dismissed an exception to a contempt claim, holding that the particulars of claim disclosed a cause of action and that rule 74(1) was directory.

  • Exception to particulars of claim
  • Compliance with court rules
  • Directory vs peremptory provisions
  • Costs in interlocutory proceedings
  • Contempt-of-court
  • Exceptions
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Civil procedure [2021] NAHCMD 188

V5 Farming Boerdery CC & others v Teachers Union of Namibia (TUN) & others (HC-MD-CIV-MOT-GEN 489 of 2019)

V5 Farming Boerdery CC & others v Teachers Union of Namibia (TUN) & others (HC-MD-CIV-MOT-GEN 489 of 2019) [2021] NAHCMD 188 (27 April 2021)

The High Court dismissed a contempt application, holding that the applicants failed to prove beyond reasonable doubt that the fourth respondent wilfully breached the order.

  • Standard of proof in contempt
  • Resolution of factual disputes
  • Inference in criminal cases
  • Contempt-of-court
  • Civil-procedure
  • Standard-of-proof
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Civil procedure [2016] NAHCMD 188

Christian t/a Hope Financial Services (APPEAL 35 of 2013)

Christian t/a Hope Financial Services (APPEAL 35 of 2013) [2016] NAHCMD 188 (30 June 2016)

Applicant's ex parte application for declaratory relief is fatally barred by prior permanent stay orders and prohibition on instituting proceedings without leave; no tangible or justifiable advantage exists; applicant acted in contempt by proceeding without leave; court declines to exercise discretion in favour of applicant; application dismissed with costs.

  • Declaratory relief
  • Permanent stay of proceedings
  • Vexatious litigation
  • Authority of legal representation
  • Costs
  • Contempt of court
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Civil procedure [2015] NAHCMD 8

Zwiggelaar and Others v Church and Others (APPEAL 144 of 2012)

Zwiggelaar and Others v Church and Others (APPEAL 144 of 2012) [2015] NAHCMD 8 (23 January 2015)

The High Court dismissed an urgent contempt application, finding the applicants had not proved beyond reasonable doubt that non-compliance was willful and mala fide.

  • Enforcement of settlement agreements
  • Civil contempt
  • Burden of proof in motion proceedings
  • Civil-contempt
  • Motion-proceedings
  • Settlement-agreements
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Criminal law [2011] NAHC 20

S v Samaria (1760 of 2010)

S v Samaria (1760 of 2010) [2011] NAHC 20 (8 February 2011)

High Court review setting aside a magistrate’s summary contempt conviction against a prosecutor for alleged misconduct during proceedings.

  • Contempt in facie curiae
  • Summary proceedings
  • Jurisdiction of magistrate's court
  • Contempt-of-court
  • Summary-proceedings
  • Magistrates-court-jurisdiction
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Civil procedure [2011] NAHC 6

Ae Gams Data (Pty) Ltd and Others v Sebata Municipal Solutions (Pty) Ltd and Others (APPEAL 224 of 2009)

Ae Gams Data (Pty) Ltd and Others v Sebata Municipal Solutions (Pty) Ltd and Others (APPEAL 224 of 2009) [2011] NAHC 6 (21 January 2011)

The High Court refused leave to appeal against an interim interdict, dismissed a Rule 30 challenge, confirmed a contempt rule nisi, and struck an exception from the roll.

  • Leave to appeal
  • Interdicts
  • Contempt of court
  • Exception
  • Jurisdiction
  • Rule 30 application
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Criminal law [2007] NAHC 142

S v Haipinge ; S v Puriza

S v Haipinge ; S v Puriza (CRIMINAL 168 of 2007) [2007] NAHC 142 (3 December 2007)

The High Court of Namibia set aside contempt convictions for two accused whose cell phones rang in court, holding the magistrate failed to warn them or allow mitigation.

  • Contempt of court
  • Court procedure
  • Cell phone use in court
  • Mitigation of sentence
  • Contempt-of-court
  • Criminal-review
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Criminal law [2007] NAHC 78

S v Shikesho (1)

S v Shikesho (1) (CRIMINAL 143 of 2007) [2007] NAHC 78 (28 September 2007)

The High Court set aside a summary contempt conviction after finding the accused was intoxicated and unable to understand the proceedings.

  • Contempt of court
  • Accused's capacity to stand trial
  • Summary proceedings
  • Malicious damage to property
  • Ill treatment of animals
  • Contempt-of-court
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