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Namibia Case Law

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Civil procedure [2020] NAHCNLD 109

Van Wyk v Matrix Mining (Pty) Ltd

Van Wyk v Matrix Mining (Pty) Ltd [2020] NAHCNLD 109 (19 August 2020)

The High Court discharged an urgent ex parte rule nisi after finding material non-disclosure, unauthenticated foreign documents, hearsay, and no competent jurisdictional relief.

  • Ex parte applications
  • Urgent applications
  • Attachment to found or confirm jurisdiction
  • Non-disclosure
  • Authentication of foreign documents
  • Hearsay evidence
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Contract law [2011] NAHC 315

Namibia Building Repairs CC v du Plessis (555 of 2011)

Namibia Building Repairs CC v du Plessis (555 of 2011) [2011] NAHC 315 (21 October 2011)

The defendant's affidavit disclosed facts with sufficient particularity to show a reasonable possibility of a bona fide defence based on non-disclosure of material information regarding ownership of the truck tractor, justifying refusal of summary judgment.

  • Summary judgment
  • Misrepresentation
  • Non-disclosure
  • Hire-purchase agreements
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Insolvency law [1996] NAHC 56

Commercial Bank of Namibia v Myburgh and Another (2) (APPEAL 171 of 1996)

Commercial Bank of Namibia v Myburgh and Another (2) (APPEAL 171 of 1996) [1996] NAHC 56 (16 August 1996)

The High Court discharged a provisional sequestration order, holding that the applicant failed to prove insolvency, withheld a material document, and had its authority ratified.

  • Sequestration
  • Authority to institute proceedings
  • Non-disclosure in ex parte applications
  • Counterclaims in insolvency
  • Effect of pending criminal proceedings on civil matters
  • Insolvency-law
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Insolvency law [1995] NAHC 8

Commercial Bank of Namibia v Myburgh and Another (1) (APPEAL 171 of 1996)

Commercial Bank of Namibia v Myburgh and Another (1) (APPEAL 171 of 1996) [1995] NAHC 8 (20 September 1995)

High Court discharge of provisional sequestration order for non-disclosure, pending criminal proceedings, and failure to prove insolvency.

  • Sequestration
  • Provisional orders
  • Authority to institute proceedings
  • Non-disclosure in ex parte applications
  • Counterclaims in insolvency
  • Insolvency
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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.