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Namibia Case Law

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Criminal-law [2022] NAHCMD 616

Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022)

Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022) [2022] NAHCMD 616 (14 November 2022)

High Court bail appeal dismissed where the appellant failed to show that refusal of bail was wrongly exercised in a rape case involving a minor.

  • Bail
  • Rape
  • Combating-of-domestic-violence
  • Judicial-discretion
  • Onus-of-proof
  • Bail-appeal
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Criminal-law [2022] NAHCMD 619

S v Van der Westhuizen and Another (CR 121 of 2022)

S v Van der Westhuizen and Another (CR 121 of 2022) [2022] NAHCMD 619 (14 November 2022)

The High Court confirmed the convictions but amended the sentences, finding the magistrate’s suspended sentence conditions too vague and the treatment of the first offender unfair.

  • Sentencing
  • Suspended-sentence
  • Escape-from-lawful-custody
  • Judicial-discretion
  • Criminal-law
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Civil-procedure [2022] NAHCMD 476

High Power Holdings Investment (Pty) Ltd v Imprint Investment (Pty) Ltd (HC-MD-CIV-ACT-OTH- 3944 of 2021)

High Power Holdings Investment (Pty) Ltd v Imprint Investment (Pty) Ltd (HC-MD-CIV-ACT-OTH- 3944 of 2021) [2022] NAHCMD 476 (14 September 2022)

The High Court refused leave to appeal against a ruling dismissing an amendment application, finding no reasonable prospects of success.

  • Amendment-of-pleadings
  • Leave-to-appeal
  • Appealability
  • Exercise-of-judicial-discretion
  • Judicial-discretion
  • Civil-procedure
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Criminal-law [2022] NAHCMD 285

S v Katjoze; S v Tjirimongua and Another (CR 51 of 2022)

S v Katjoze; S v Tjirimongua and Another (CR 51 of 2022) [2022] NAHCMD 285 (10 June 2022)

The High Court set aside guilty plea convictions for suspected stolen stock, holding that section 112(1)(a) was wrongly used for a non-minor offence.

  • Guilty-plea
  • Stock-theft
  • Application-of-section-112(1)(a)-and-(b)
  • Minor-offences
  • Judicial-discretion
  • Criminal-procedure
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Criminal-law [2022] NAHCMD 259

S v Gustavo (CC 6 of 2021; CC 7 of 2021)

S v Gustavo (CC 6 of 2021; CC 7 of 2021) [2022] NAHCMD 259 (24 May 2022)

The High Court refused the State leave to appeal against the grant of bail to Ricardo Jorge Gustavo, finding no reasonable prospect of a different outcome.

  • Bail
  • Leave-to-appeal
  • Judicial-discretion
  • Criminal-procedure
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Civil-procedure [2021] NAHCMD 314

Heritage Health Medical Aid Fund v Registrar of Medical Aids and Ohers (HC-MD-CIV-MOT-REV 411 of 2019)

Heritage Health Medical Aid Fund v Registrar of Medical Aids and Ohers (HC-MD-CIV-MOT-REV 411 of 2019) [2021] NAHCMD 314 (2 July 2021)

The High Court reviewed a taxation allocatur, finding the taxing officer’s reasons unclear and some bill items duplicated. The allocatur was set aside and remitted.

  • Taxation-of-costs
  • Review-of-taxation
  • Judicial-discretion
  • Civil-procedure-costs
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Criminal-law [2021] NAHCMD 249

S v Kennedy and Another (CC 1 of 2018)

S v Kennedy and Another (CC 1 of 2018) [2021] NAHCMD 249 (15 April 2021)

The High Court granted the State’s application for two vulnerable witnesses to testify from another room via closed-circuit television in a criminal trial.

  • Vulnerable-witnesses
  • Testimony-by-closed-circuit-television
  • Judicial-discretion
  • Closed-circuit-television-testimony
  • Criminal-procedure
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Criminal-law [2021] NAHCMD 136

S v Mulandi (HC-MD-CRI-APP-CAL 113 of 2020)

S v Mulandi (HC-MD-CRI-APP-CAL 113 of 2020) [2021] NAHCMD 136 (29 March 2021)

High Court bail appeal dismissed after finding the appellant was untruthful about his residence and had not shown he was a suitable candidate for bail.

  • Bail
  • Refugee-status
  • Rape
  • Indecent-assault
  • Judicial-discretion
  • Appeal-procedure
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Criminal-law [2021] NAHCMD 79

Paulus v S (HC-MD-CRI-APP-CAL 111 of 2020)

Paulus v S (HC-MD-CRI-APP-CAL 111 of 2020) [2021] NAHCMD 79 (26 February 2021)

High Court appeal against refusal of bail dismissed. The court held the magistrate did not exercise her discretion wrongly, given the prima facie case, seriousness of the charges, and pending similar matters.

  • Bail
  • Fraud
  • Money-laundering
  • Judicial-discretion
  • Covid-19-procedures
  • Criminal-procedure
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Criminal-law [2021] NAHCMD 74

State v Mikiti (CC 10 of 2019)

State v Mikiti (CC 10 of 2019) [2021] NAHCMD 74 (25 February 2021)

The High Court granted the State's request to postpone a criminal trial so it could call further witnesses, finding the delay justified and the accused's prejudice manageable.

  • Postponement-of-proceedings
  • Right-to-fair-trial
  • Witnesses
  • Judicial-discretion
  • Criminal-procedure
  • Fair-trial-rights
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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.