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Namibia decisions
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Agricultural Bank of Namibia v Gaya (SA 42/2023) [2023] NASC 37 (9 October 2023)
The Supreme Court of Namibia held that the respondent’s appeal was deemed withdrawn for failure to file the record timeously. No rule 6 relief was considered.
Standard Bank Namibia Ltd v Nekwaya (SA 95 of 2020) [2022] NASC 43 (1 December 2022)
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.
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Mukwangu v S (HC-MD-CRI-APP-CAL 42 of 2022) [2022] NAHCMD 605 (7 November 2022)
The appellants were adequately informed of their right to legal representation and made an informed decision to represent themselves. The failure to inform them of their right to docket disclosure was an irregularity but did not prejudice them as they intended to plead guilty from the outset. The charges were sufficiently particularised and not defective. The sentences imposed were startlingly inappropriate as the fines were far beyond the appellants' means, effectively resulting in direct imprisonment contrary to established sentencing principles. The appeal against conviction was dismissed,…
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Serogwe v Serogwe (SA 61 of 2020) [2022] NASC 34 (28 October 2022)
The Supreme Court of Namibia dismissed an appeal against the cessation of a member’s interest in a close corporation, granting condonation for a late rule 11(10) report.
Angolo v Rosh Pinah Zinc Corporation (Pty) Ltd (HC-MD-LAB-APP-AAA 59 of 2021) [2022] NALCMD 65 (26 October 2022)
Labour appeal dismissed after the court upheld a finding that the employee breached his fiduciary duty by sending false information about his employer to a third party.
Amatwi v S (HC-MD-CRI-APP-CAL 46 of 2020) [2022] NAHCMD 577 (21 October 2022)
The High Court refused condonation for a late criminal appeal because the appellant failed to show reasonable prospects of success on sentence.
S v Johannes (HC-NLD-CRI-APP-CAL 11 of 2021) [2022] NAHCNLD 114 (17 October 2022)
The High Court refused condonation for a late criminal appeal against sentence, finding the delay unexplained and the proposed appeal to have no prospects.
Solsquare Energy (Pty) Ltd v Luhl (SA 45 of 2019) [2022] NASC 29 (25 August 2022)
The Supreme Court of Namibia refused condonation and reinstatement of an appeal because the appellant gave an inadequate explanation for filing an incomplete record.
Gawiseb v S (CA 54 of 2016) [2022] NAHCMD 231 (10 May 2022)
The High Court upheld rape and assault convictions, but ordered part of the sentences to run concurrently to reduce the cumulative effect of 60 years.
Sheehama v S (HC-NLD-CRI-APP-CAL 27 of 2021) [2022] NAHCNLD 34 (1 April 2022)
The High Court struck down a delayed criminal appeal after finding no proper explanation for the lateness and no reasonable prospects of success.
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