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Namibia decisions
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China Harbour Engineering Company (Pty) Ltd v Indigenuos People Business Forum (HC-MD-CIV-MOT-GEN 22 of 2021) [2022] NAHCMD 544 (11 October 2022)
High Court liquidation matter on whether the applicant proved a due and payable debt under section 350(1)(a)(i) of the Companies Act.
Windhoek Wanderers v Municipal Council of Windhoek (HC-MD-CIV-MOT-REV 306 of 2020) [2022] NAHCMD 435 (25 August 2022)
The applicant failed to satisfy the requirements for lis alibi pendens as the parties, causes of action, and subject matter in the main and review proceedings are not the same. No exceptional circumstances were established to justify a stay. The delay in launching the review application was self-created and contrary to the overriding objectives of the court. Granting a stay would unduly delay the main action and prejudice the respondent.
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Von Luttichau and Others v Van Straten N.O. and Others (HC-MD-CIV-MOT-GEN 301 of 2021) [2022] NAHCMD 365 (26 July 2022)
High Court decision refusing rescission of an ex parte order establishing a commission of enquiry in three liquidations.
Van Straten N.O and Another v Okaputa (Proprietary) Limited (HC-MD-CIV-MOT-GEN 121 of 2022) [2022] NAHCMD 312 (23 June 2022)
The applicants were duly authorised to institute liquidation proceedings under the Companies Act, 2004. Bank Windhoek, as a creditor with a direct and substantial interest, was entitled to intervene. Okaputa (Proprietary) Limited was found to be commercially insolvent as it could not meet its debts as they fell due, justifying a provisional order of liquidation.
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Ohorongo Cement (Pty) Ltd v Erasmus (HC-MD-CIV-MOT-GEN 257 of 2021) [2022] NAHCMD 222 (29 April 2022)
The High Court ordered attorney-and-client costs against the respondent for dishonest opposition in a sequestration matter, and declined referral to the Prosecutor General.
Van Wyk v Windhoek Renovations (HC-MD-CIV-MOT-GEN 128 of 2021) [2021] NAHCMD 545 (23 November 2021)
The High Court held that a late-filed Master’s certificate did not fatally invalidate a winding-up application and dismissed the respondents’ point in limine.
Graham and Others v The Master of the High Court and Others (HC-MD-CIV-MOT-REV 415 of 2020) [2021] NAHCMD 466 (7 October 2021)
The Master's practice of appointing provisional liquidators before a winding-up order or registered resolution, and accepting security bonds not equal to the value of the assets, is unlawful and contrary to section 375 of the Companies Act. The 'first come, first served' approach is improper, mechanical, and fails to ensure suitability or adequate protection for creditors and contributories.
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Minister of Mines and Energy v Bruni NO. and Others (SA 50 of 2019) [2021] NASC 51 (5 August 2021)
Supreme Court of Namibia held that liquidation did not automatically end a mining licence and dismissed the Minister’s appeal, upholding condonation and renewal.
Transnamib Holdings Ltd v Stocks and Stocks Leisure (Namibia) (Pty) Ltd and Other (SA 106 of 2020) [2021] NASC 20 (14 May 2021)
Stocks & Stocks Leisure failed to establish that TransNamib's conduct was unreasonably prejudicial, unjust or inequitable as required by s 260. The refusal to convert loans, inject funds, or accept the share offer was not outside the contemplation of the shareholders' agreement or contrary to fair dealing, given the company's history and structure. Furthermore, the relief sought would not bring an end to the deadlock due to unresolved issues such as the parking lease, and the fairness of the share price was not established. The High Court erred in granting relief under s 260; instead, a provi…
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Baard & Others v Serengetti Tourism (Pty) Ltd ta Etosha Mountain Lodge (SA 38 of 2018) [2020] NASC 48 (4 December 2020)
The Supreme Court upheld sequestration against the first appellant, set aside the order against the second for impermissible joinder, and treated the missing s 9(3) certificate as non-vitiating.
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