Namibia Case Law

Acting Deputy Sheriff of Windhoek Manfred Juan Hennes v Development Bank of Namibia and Another (HC-MD-CIV-ACT-CON-2019/00472)

Acting Deputy Sheriff of Windhoek Manfred Juan Hennes v Development Bank of Namibia and Another (HC-MD-CIV-ACT-CON-2019/00472) [2023] NAHCMD 664 (18 October 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON-2019/00472

In an interpleader over attached movable property, the court held the second claimant failed to prove ownership, except for items conceded by the execution creditor.

• Interpleader proceedings
• Burden of proof
• Ownership of movable property
• Execution of judgment
• Interpleader-proceedings
• Burden-of-proof

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S v Amunyela (CC 13 of 2020)

S v Amunyela (CC 13 of 2020) [2022] NAHCNLD 130 (13 December 2022)

Court

Northern Local Division

Case number

CC 13 of 2020

The High Court of Namibia convicted the accused of murder, finding circumstantial evidence and last-seen evidence excluded any reasonable innocent inference.

• Murder
• Circumstantial evidence
• Domestic violence
• Burden of proof
• Admissibility of evidence
• Circumstantial-evidence

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Goike v Von Zelewski (HC-MD-CIV-ACT-DEL- 1099 of 2020)

Goike v Von Zelewski (HC-MD-CIV-ACT-DEL- 1099 of 2020) [2022] NAHCMD 637 (22 November 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-DEL- 1099 of 2020

The High Court dismissed a claim over allegedly removed fixtures, holding the plaintiff was neither the owner nor a bona fide possessor when the items were removed.

• Accession
• Ownership of fixtures
• Damages
• Burden of proof
• Property-law
• Fixtures

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MIS Hamza Construction v Britz (HC-MD-CIV-ACT-CON- 610 of 2021)

MIS Hamza Construction v Britz (HC-MD-CIV-ACT-CON- 610 of 2021) [2022] NAHCMD 623 (16 November 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 610 of 2021

The plaintiffs failed to make out a prima facie case for unjust enrichment or entitlement to the return of property; they did not prove the amounts claimed or that the defendant was unjustly enriched at their expense. The evidence showed the truck and tanks were not in the defendant's possession, and the plaintiffs could not explain the calculation of the claimed amount. Therefore, no reasonable court could find for the plaintiffs, and absolution from the instance was granted.

Source excerpt

• Absolution from the instance
• Prima facie case
• Unjust enrichment
• Burden of proof
• Postponement of trial

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Sheehama v Minister of Home Affairs, Immigration Safety and Security (HC-NLD-CIV-ACT-DEL 283 of 2020)

Sheehama v Minister of Home Affairs, Immigration Safety and Security (HC-NLD-CIV-ACT-DEL 283 of 2020) [2022] NAHCNLD 118 (4 November 2022)

Court

Northern Local Division

Case number

HC-NLD-CIV-ACT-DEL 283 of 2020

The High Court granted absolution from the instance in a malicious prosecution claim, finding no prima facie case and no proved damages.

• Malicious prosecution
• Damages
• Unlawful arrest
• Burden of proof
• Animus injuriandi
• Reasonable and probable cause

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Shikale v Sharpley (HC-MD-CIV-ACT-CON- 2282 of 2021)

Shikale v Sharpley (HC-MD-CIV-ACT-CON- 2282 of 2021) [2022] NAHCMD 551 (13 October 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 2282 of 2021

The High Court held that the defendant failed to prove duress when signing an acknowledgement of debt and ordered payment of N$40,000 plus interest and costs.

• Acknowledgement of debt
• Duress
• Burden of proof
• Non-delivery of goods
• Business partnerships
• Acknowledgement-of-debt

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S v Shanyenga (CR 50 of 2022)

S v Shanyenga (CR 50 of 2022) [2022] NAHCNLD 99 (27 September 2022)

Court

Northern Local Division

Case number

CR 50 of 2022

On automatic review, the High Court set aside convictions for reckless driving and failure to obey an officer, finding reasonable doubt and noting the burden had been wrongly shifted.

• Reckless or negligent driving
• Failure to comply with lawful instructions
• Burden of proof
• Single witness testimony
• Reckless-driving
• Failure-to-comply-with-officer-instructions

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Serve Investments Eight Four Pty Ltd v Agricultural Professional Services Pty Ltd (HC-MD-CIV-MOT-GEN 96 of 2021)

Serve Investments Eight Four Pty Ltd v Agricultural Professional Services Pty Ltd (HC-MD-CIV-MOT-GEN 96 of 2021) [2022] NAHCMD 471 (9 September 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 96 of 2021

The applicant failed to prove beyond reasonable doubt that the respondents willfully disobeyed the court order due to unresolved disputes of fact on the papers.

Source excerpt

• Contempt of court
• Spoliation
• Motion proceedings
• Burden of proof

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Neumbo v Tjirimuje (HC-MD-CIV-ACT-DEL- 4493 of 2020)

Neumbo v Tjirimuje (HC-MD-CIV-ACT-DEL- 4493 of 2020) [2022] NAHCMD 431 (24 August 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-DEL- 4493 of 2020

The High Court found the defendant negligently caused a T-junction collision and rejected his mistaken-identity defence, awarding damages and costs to the plaintiff.

• Negligence
• Motor vehicle accident
• Damages
• Burden of proof
• Motor-vehicle-accident
• Burden-of-proof

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Sheehama v Sheehama (HC-MD-CIV-ACT-MAT 3183 of 2019)

Sheehama v Sheehama (HC-MD-CIV-ACT-MAT 3183 of 2019) [2022] NAHCMD 253 (20 May 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-MAT 3183 of 2019

The plaintiff failed to prove the existence of an antenuptial contract or any agreement to be married out of community of property. The marriage was concluded in Windhoek, outside the Police Zone, so section 17(6) of Proclamation 15 of 1928 does not apply. The presumption of marriage in community of property stands, supported by the title deed, mortgage documents, and affidavits signed by the plaintiff. The marriage is declared to be in community of property.

Source excerpt

• Matrimonial property regimes
• Antenuptial contracts
• Community of property
• Divorce proceedings
• Burden of proof

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