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Namibia decisions
Decisions matching the current search
Agricultural Bank of Namibia v Gaya (SA 42/2023) [2023] NASC 37 (9 October 2023)
The Supreme Court of Namibia held that the respondent’s appeal was deemed withdrawn for failure to file the record timeously. No rule 6 relief was considered.
Kwenani v Ndara (HC-MD-CIV-ACT-DEL- 215 of 2021) [2022] NAHCMD 664 (6 December 2022)
The High Court dismissed an application to rescind a default eviction judgment, finding the defendant had not shown a bona fide defence or prospects of success.
Gibeon Village Council v Development Bank of Namibia (SA 40 of 2020) [2022] NASC 32 (21 October 2022)
Rule 103(1)(a) applies to default judgments, but the appellant failed to establish that the judgment was erroneously sought or granted, as the evidence of payments due was not disputed and the appellant breached the cession agreement. The granting of default judgment in chambers did not violate Art 12 or s 13, as the appellant's rights were not engaged when it failed to participate, and the rescission application was heard in open court.
Source excerpt
Shipena v Djuulume (HC-NLD-CIV-ACT-CON 326 of 2021) [2022] NAHCNLD 108 (6 October 2022)
The High Court rescinded a default judgment after finding improper service, and held the applicant had shown good cause and a bona fide defence.
Feris v Jacobs (HC-MD-CIV-ACT-CON- 2129 of 2021) [2022] NAHCMD 439 (25 August 2022)
The High Court dismissed an application to rescind a default judgment, finding no satisfactory excuse for delay, valid service, and no bona fide defence.
Sash Trading & Earthworks CC v Tsams Construction CC (HC-MD-CIV-ACT-OTH- 2226 of 2021) [2022] NAHCMD 420 (18 August 2022)
The High Court dismissed an application to condone the late filing of a rescission application, finding the delay inadequately explained and awarding costs.
Zhao v Hou (I 247 of 2015) [2022] NAHCMD 371 (28 July 2022)
The High Court dismissed a rescission application, holding the defendants were present and represented when their defence was struck for non-compliance.
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.
Matroos v Boois and Others (HC-MD-CIV-MOT-GEN 16 of 2022) [2022] NAHCMD 329 (1 July 2022)
The High Court stayed execution of an earlier order pending rescission proceedings, finding urgency, arguable lack of service, and a case for temporary interdict relief.
Minister of Safety and Security and Another v Katamba and Others (HC-MD-CIV-MOT-GEN 215 of 2021) [2022] NAHCMD 263 (24 May 2022)
The High Court of Namibia condoned late filing and rescinded a default judgment entered in the applicant’s absence, with each party ordered to bear its own costs.
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