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Von Luttichau and Others v Van Straten N.O. and Others (HC-MD-CIV-MOT-GEN 301 of 2021) [2022] NAHCMD 365 (26 July 2022)
High Court decision refusing rescission of an ex parte order establishing a commission of enquiry in three liquidations.
Namibia Star CC and Others v Bank Windhoek and Others (HC-MD-CIV-MOT-GEN 217 of 2020) [2021] NAHCMD 331 (16 July 2021)
The orders of 13 February 2020 were granted erroneously and in the absence of the applicants, who were not properly served or represented; Mr Mbutu had locus standi as a member and shareholder; thus, rescission under Rule 103(1)(a) is warranted.
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McLaren NO v Municipal Council of Windhoek (APPEAL 110 of 2009) [2016] NAHCMD 161 (6 August 2016)
The agreements were validly cancelled due to Ramatex's unequivocal repudiation and breach, which entitled the Municipal Council to terminate. The liquidators, despite initial irregularities, had locus standi by virtue of their certificates of appointment. The cancellation was a contractual act, not reviewable administrative action. The applicants' claims for a lien and removal of property were not granted, and the counter application failed due to lack of joinder and practical effect.
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