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Namibia Case Law

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Contract law [2021] NAHCMD 340

Shikongo v Fillipus (HC-MD-CIV-ACT-OTH- 1009 of 2020)

Shikongo v Fillipus (HC-MD-CIV-ACT-OTH- 1009 of 2020) [2021] NAHCMD 340 (22 July 2021)

The High Court held the defendant personally liable on an oral loan agreement after rejecting his claim that he borrowed money on behalf of a close corporation.

  • Oral agreement
  • Lending and borrowing
  • Agency
  • Representation
  • Close corporation liability
  • Contract-law
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Civil procedure [2021] NAHCMD 13

Blaauw v Pallais and Another (HC-MD-CIV-ACT-OTH- 2642 of 2018)

Blaauw v Pallais and Another (HC-MD-CIV-ACT-OTH- 2642 of 2018) [2021] NAHCMD 13 (27 January 2021)

The High Court held that Bank Windhoek was not vicariously liable for an employee who misappropriated funds while acting as the plaintiff’s mandatary under written mandates.

  • Vicarious liability
  • Mandate
  • Agency
  • Fraud
  • Employer liability
  • Vicarious-liability
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Civil procedure [2020] NAHCNLD 122

Walenga v Nangolo

Walenga v Nangolo [2020] NAHCNLD 122 (31 August 2020)

The High Court granted condonation for a late answering affidavit but dismissed summary judgment, finding the defendants disclosed a bona fide defence.

  • Summary judgment
  • Condonation
  • Agency
  • Locus standi
  • Separate legal personality
  • Summary-judgment
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Insurance law [2019] NAHCMD 179

EA Mouton Builders CC v Santam Namibia (HC-MD-CIV-ACT-CON 635 of 2017)

EA Mouton Builders CC v Santam Namibia (HC-MD-CIV-ACT-CON 635 of 2017) [2019] NAHCMD 179 (7 June 2019)

The High Court dismissed Santam Namibia’s application for absolution from the instance in an insurance dispute and ordered the defendant to pay costs.

  • Absolution from the instance
  • Agency
  • Indemnity
  • Exclusion clauses
  • Absolution-from-the-instance
  • Insurance-law
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Contract law [2017] NAHCMD 246

Penny Pinchers Timbercity Windhoek v Quickfall (1652 of 2016)

Penny Pinchers Timbercity Windhoek v Quickfall (1652 of 2016) [2017] NAHCMD 246 (29 August 2017)

The High Court held that the defendant authorised Maria to buy goods on his account and was liable for N$43,483.96, plus interest and costs.

  • Credit agreements
  • Agency
  • Liability for third party acts
  • Evidence evaluation
  • Contract-law
  • Credit-agreements
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Civil procedure [2015] NAHCMD 236

Auto Tech Truck And Coach CC v Fanny's Motor Repairs And Investment CC (2483 of 2013)

Auto Tech Truck And Coach CC v Fanny's Motor Repairs And Investment CC (2483 of 2013) [2015] NAHCMD 236 (10 June 2015)

The applicant failed to establish that the second respondent was an agent of the first respondent or had apparent authority to act as such; there was no direct and substantial interest or lis between the applicant and the second respondent to justify joinder under rule 40 or the court's inherent power.

  • Joinder of parties
  • Agency
  • Apparent authority
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Contract law [2014] NASC 20

Heidrun Diekmann Interior Lifestyles CC v L & B Commercial Services (Pty) Ltd (SA 37 of 2012)

Heidrun Diekmann Interior Lifestyles CC v L & B Commercial Services (Pty) Ltd (SA 37 of 2012) [2014] NASC 20 (3 November 2014)

The Supreme Court of Namibia held that two separate contracts were concluded and dismissed the appellant’s claim for an interior design fee with costs.

  • Agency
  • Undisclosed principal
  • Stipulatio alterii
  • Rectification
  • Estoppel
  • Burden of proof
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Contract law [2012] NAHC 124

Buhrmann & Partners Consulting Engineers v Garbade (1) (3078 of 2007)

Buhrmann & Partners Consulting Engineers v Garbade (1) (3078 of 2007) [2012] NAHC 124 (21 May 2012)

The court upheld a special plea, finding the defendant acted for a close corporation and not personally. The plaintiff’s estoppel defence failed.

  • Estoppel
  • Proper party to sue
  • Agency
  • Oral agreements
  • Proper-party-to-sue
  • Civil-procedure
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Customs law [2011] NAHC 180

Konga Clearing Agencies CC v Minister of Finance (APPEAL 310 of 2010)

Konga Clearing Agencies CC v Minister of Finance (APPEAL 310 of 2010) [2011] NAHC 180 (23 June 2011)

The applicant, as a clearing agent, lacked locus standi to institute proceedings in its own name regarding goods owned by its principal, as there was no proof of authority from the principal and the statutory provisions relied upon did not confer such competence.

  • Locus standi
  • Agency
  • Customs and excise
  • Authority to sue
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Contract law [2011] NAHC 107

Cargo Dynamics Pharmaceuticals (Pty) Ltd v Minister of Health and social Services and Another (APPEAL 36 of 2011)

Cargo Dynamics Pharmaceuticals (Pty) Ltd v Minister of Health and social Services and Another (APPEAL 36 of 2011) [2011] NAHC 107 (30 March 2011)

Urgent application to compel performance of an alleged Cuba procurement arrangement was dismissed for lack of a binding contract and non-compliance with urgency rules.

  • Specific performance
  • Urgency in applications
  • Change of circumstances
  • Agency
  • Specific-performance
  • Urgent-applications
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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.