Namibia Case Law

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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Hengari v Namibia Wildlife Resorts and Others (HC-MD-CIV-ACT-DEL- 1069 of 2020)

Hengari v Namibia Wildlife Resorts and Others (HC-MD-CIV-ACT-DEL- 1069 of 2020) [2022] NAHCMD 381 (29 July 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-DEL- 1069 of 2020

The High Court dismissed absolution on the defamation claim but granted it for the public repudiation and interdict prayers.

• Absolution from the instance
• Elements of defamation
• Prima facie case
• Interdicts
• Repudiation orders
• Defamation

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Matias v S (HC-MD-CRI-APP-CAL 32 of 2022)

Matias v S (HC-MD-CRI-APP-CAL 32 of 2022) [2022] NAHCMD 330 (4 July 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 32 of 2022

High Court appeal against refusal of bail dismissed. The court held that the appellant was linked to the scene, had pending cases, and bail was not in the public interest.

• Bail
• Appeal
• Prima facie case
• Previous convictions
• Public interest
• Administration of justice

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S v Munuma and Others (7) (CC 3 of 2004)

S v Munuma and Others (7) (CC 3 of 2004) [2021] NAHCMD 125 (24 March 2021)

Court

High Court Main Division

Case number

CC 3 of 2004

There is sufficient evidence before the court to establish a prima facie case against the accused on all charges except for the count of murder. The application for discharge under s 174 is dismissed except for the murder charge, as the State failed to establish a prima facie case for murder against accused 1 and 2.

Source excerpt

• High treason
• Sedition
• Public violence
• Arms and ammunition offences
• Immigration offences
• Jurisdiction

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S v Valombola (8) (CC 18 of 2019)

S v Valombola (8) (CC 18 of 2019) [2021] NAHCMD 105 (10 March 2021)

Court

High Court Main Division

Case number

CC 18 of 2019

High Court dismissed an accused’s section 174 discharge application, holding the State had a prima facie case on murder and discharging a firearm in public.

• Murder
• Discharging firearm in public
• Application for discharge
• Prima facie case
• Standard of proof
• Criminal-procedure

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S v Van Wyk and Another (CC 17 of 2019)

S v Van Wyk and Another (CC 17 of 2019) [2021] NAHCMD 5 (4 February 2021)

Court

High Court Main Division

Case number

CC 17 of 2019

There is insufficient evidence to constitute a prima facie case against accused 1 for counts 1, 3, 6, and 7, and against accused 2 for all counts. Accused 1 is placed on his defence for count 2 due to sufficient evidence from State witnesses.

Source excerpt

• Application for discharge
• Prima facie case
• Sexual offences
• Assault
• Theft

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Namibia News Distributors (Pty) Ltd v Kashe (HC-MD-CIV-ACT-DEL- 1553 of 2018)

Namibia News Distributors (Pty) Ltd v Kashe (HC-MD-CIV-ACT-DEL- 1553 of 2018) [2020] NAHCMD 538 (23 November 2020)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-DEL- 1553 of 2018

The High Court granted absolution from the instance after finding the plaintiff failed to establish a prima facie case in a vehicle-collision damages claim.

• Absolution from the instance
• Negligence
• Motor vehicle collision
• Prima facie case
• Absolution-from-the-instance
• Prima-facie-case

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Grand Trading cc v Zhong-Mei Engineering (Pty) Ltd (HC-MD-CIV-ACT-CON- 4675 of 2018)

Grand Trading cc v Zhong-Mei Engineering (Pty) Ltd (HC-MD-CIV-ACT-CON- 4675 of 2018) [2020] NAHCMD 516 (12 November 2020)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 4675 of 2018

The High Court refused absolution from the instance in a consultancy-fee dispute, holding the plaintiff's evidence was not so unreliable as to fail outright.

• Absolution from the instance
• Consultancy agreement
• Tender disputes
• Prima facie case
• Burden of proof
• Absolution-from-the-instance

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Neis v Kasuma (1)

Neis v Kasuma (1) [2020] NAHCMD 320 (30 July 2020)

Court

High Court Main Division

High Court ruling on absolution from the instance: claim of undue influence failed, but the alleged agreement to provide N$2 million survived to trial.

• Absolution from the instance
• Undue influence
• Prima facie case
• Sale of immovable property
• Absolution-from-the-instance
• Undue-influence

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Ashikoto v Trustees of the Prefered Investment Property Fund (2898 of 2016)

Ashikoto v Trustees of the Prefered Investment Property Fund (2898 of 2016) [2018] NAHCMD 127 (16 May 2018)

Court

High Court Main Division

Case number

2898 of 2016

The plaintiff failed to make out a prima facie case on both claims 5.1 and 5.2, as he did not comply with material conditions of the agreement for the fourth utilization request and did not provide sufficient evidence to support claim 5.2. There was no pleaded or proven waiver by the defendant. Therefore, the occasion had arisen to grant absolution from the instance.

Source excerpt

• Absolution from the instance
• Loan facility agreement
• Waiver
• Interlocutory applications
• Prima facie case

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