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Namibia Case Law

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Labour law [2022] NAHCMD 690

Pupkewitz and Sons (Pty) Ltd v Muundjua (HC-MD-CIV-MOT-GEN 274 of 2022)

Pupkewitz and Sons (Pty) Ltd v Muundjua (HC-MD-CIV-MOT-GEN 274 of 2022) [2022] NAHCMD 690 (21 December 2022)

High Court stayed execution of a labour arbitration award pending appeal, finding the urgent application bona fide, the appeal valid, and irreparable harm shown.

  • Stay of execution
  • Urgent applications
  • Labour arbitration awards
  • Appeals
  • Irreparable harm
  • Stay-of-execution
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Criminal law [2022] NAHCMD 188

Ashipala v S (HC-MD-CRI-APP-CAL 97 of 2021)

Ashipala v S (HC-MD-CRI-APP-CAL 97 of 2021) [2022] NAHCMD 188 (13 April 2022)

The magistrate overemphasised the seriousness and prevalence of the offence and gave insufficient weight to the appellant’s personal and mitigating circumstances, resulting in a sentence that was unduly harsh and inconsistent with sentences imposed in similar cases. This justified appellate interference and substitution of a lesser sentence.

  • Sentencing
  • Appeals
  • Escape from lawful custody
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Criminal law [2022] NAHCMD 80

Mbashe v S (HC-MD-CRI-APP-CAL 42 of 2018)

Mbashe v S (HC-MD-CRI-APP-CAL 42 of 2018) [2022] NAHCMD 80 (1 March 2022)

The High Court dismissed an appeal against two rape convictions and a 20-year sentence, finding the complainant was a credible single witness and the trial court made no misdirection.

  • Rape
  • Single witness evidence
  • Credibility of witnesses
  • Sentencing
  • Appeals
  • Single-witness-evidence
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Civil procedure [2021] NAHCMD 417

Temptations and Another v Sannamib Investments (Pty) Ltd and Another (HC-MD-CIV-MOT-GEN 329 of 2021)

Temptations and Another v Sannamib Investments (Pty) Ltd and Another (HC-MD-CIV-MOT-GEN 329 of 2021) [2021] NAHCMD 417 (16 September 2021)

The High Court refused an urgent application to stay execution, holding the urgency was self-created and that no pending appeal existed to suspend the auction.

  • Stay of execution
  • Urgency
  • Appeals
  • Costs
  • Stay-of-execution
  • Civil-procedure
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Administrative law [2021] NAHCMD 312

Mbahuma v Minister of Defence and Veteran Affairs and Others (HC-MD-CIV-APP-ATL 28 of 2020)

Mbahuma v Minister of Defence and Veteran Affairs and Others (HC-MD-CIV-APP-ATL 28 of 2020) [2021] NAHCMD 312 (1 July 2021)

The High Court dismissed an appeal against the Veterans Appeal Board’s refusal to register the appellant as a veteran under the Veterans Act.

  • Veterans registration
  • Judicial review
  • Appeals
  • Statutory interpretation
  • Administrative-law
  • Judicial-review
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Civil procedure [2021] NAHCMD 603

Mavara and Another v Shapwa (HC-MD-CIV-MOT-GEN 181 of 2021)

Mavara and Another v Shapwa (HC-MD-CIV-MOT-GEN 181 of 2021) [2021] NAHCMD 603 (10 June 2021)

The High Court dismissed an urgent spoliation application over eviction from property, finding the urgency self-created and no valid appeal noted to stay execution.

  • Spoliation
  • Urgency
  • Non-joinder
  • Execution of judgments
  • Appeals
  • Urgent-applications
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Labour law [2021] NALCMD 10

Namibia Broadcasting Corporation v Haushona (HC-MD-LAB-APP-AAA 72 of 2020)

Namibia Broadcasting Corporation v Haushona (HC-MD-LAB-APP-AAA 72 of 2020) [2021] NALCMD 10 (5 March 2021)

The High Court condoned a late labour appeal, extended time to prosecute it, and reinstated the appeal if deemed lapsed after finding good cause and prospects of success.

  • Condonation of late appeal
  • Extension of time
  • Interpretation of disciplinary code
  • Prospects of success
  • Labour-law
  • Condonation
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Criminal law [2021] NAHCNLD 16

S v Sindano (HC-NLD-CRI-APP-SNA 13 of 2020)

S v Sindano (HC-NLD-CRI-APP-SNA 13 of 2020) [2021] NAHCNLD 16 (26 February 2021)

State appeal against acquittal in a sexual offence case was upheld after the High Court found the magistrate misapplied the abolished cautionary rule and misread the evidence.

  • Rape
  • Domestic violence
  • Appeals
  • Evidentiary rules
  • Sexual offences
  • Admissibility of electronic evidence
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Criminal law [2020] NAHCNLD 90

Kamosho v S

Kamosho v S [2020] NAHCNLD 90 (23 July 2020)

The High Court of Namibia refused condonation for a late criminal appeal, finding no reasonable explanation for the delay and no proper grounds of appeal.

  • Condonation
  • Late filing of appeal
  • Grounds of appeal
  • Sentence appeal
  • Criminal-procedure
  • Appeals
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Criminal law [2020] NAHCMD 235

Ihambo v S

Ihambo v S [2020] NAHCMD 235 (18 June 2020)

Appeal against refusal of bail dismissed after the High Court found the record sufficient and the magistrate’s decision not clearly wrong.

  • Bail
  • Appeals
  • Judicial discretion
  • Fraud
  • Criminal-procedure
  • Judicial-discretion
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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.