Namibia Case Law

Arcetype Project Consultants Close Corporation v Pondola Women Trading CC and Others (HC-MD-CIV-ACT-CON-2022/01972)

Arcetype Project Consultants Close Corporation v Pondola Women Trading CC and Others (HC-MD-CIV-ACT-CON-2022/01972) [2023] NAHCMD 690 (1 November 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON-2022/01972

The plaintiff failed to make out a prima facie case that the member defendants carried on the business of the first defendant recklessly or with gross negligence, or that there was a gross abuse of the juristic personality justifying piercing the corporate veil. The evidence showed the first defendant acted with an honest and justifiable belief in obtaining financing, and there was no evidence of personal benefit or improper conduct by the member defendants. Therefore, absolution from the instance was granted.

Source excerpt

• Absolution from the instance
• Reckless trading
• Gross negligence
• Piercing the corporate veil
• Close corporations liability

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Standard Bank Namibia Ltd v Nekwaya (SA 95 of 2020)

Standard Bank Namibia Ltd v Nekwaya (SA 95 of 2020) [2022] NASC 43 (1 December 2022)

Court

Supreme Court

Case number

SA 95 of 2020

The Credit Agreements Act 75 of 1980 did not apply to the instalment sale agreement as the cash price exceeded the statutory threshold; thus, the High Court's basis for granting absolution from the instance fell away. The appellant established a prima facie case requiring a response from the respondent, and the weak explanation for delay was outweighed by strong prospects of success. Condonation and reinstatement were therefore granted, the appeal upheld, and the matter remitted for continuation of trial.

Source excerpt

• Condonation
• Absolution from the instance
• Credit agreements act
• Appeal procedure
• Costs

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Trendy Designs and Consulting Engineers CC v G Marwa Land Surveyors CC (HC-MD-CIV-ACT-CON- 2518 of 2021)

Trendy Designs and Consulting Engineers CC v G Marwa Land Surveyors CC (HC-MD-CIV-ACT-CON- 2518 of 2021) [2022] NAHCMD 628 (17 November 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 2518 of 2021

The High Court granted absolution from the instance in a claim for engineering fees, finding the plaintiff had not proved the defendant close corporation was party to the oral agreement.

• Oral agreements
• Corporate personality
• Professional fees
• Absolution from the instance
• Oral-agreements
• Corporate-personality

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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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Stephanus v Kuutondokwa (HC-MD-CIV-ACT-OTH- 364 of 2020)

Stephanus v Kuutondokwa (HC-MD-CIV-ACT-OTH- 364 of 2020) [2022] NAHCMD 622 (16 November 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 364 of 2020

The High Court granted absolution from the instance after the plaintiff failed to show a legal right or interest supporting declaratory relief about the making of a will.

• Absolution from the instance
• Declaratory orders
• Jurisdiction
• Testamentary capacity
• Absolution-from-the-instance
• Declaratory-relief

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Sheehama v Minister of Home Affairs, Immigration Safety and Security (HC-NLD-CIV-ACT-DEL 283 of 2020)

Sheehama v Minister of Home Affairs, Immigration Safety and Security (HC-NLD-CIV-ACT-DEL 283 of 2020) [2022] NAHCNLD 118 (4 November 2022)

Court

Northern Local Division

Case number

HC-NLD-CIV-ACT-DEL 283 of 2020

The High Court granted absolution from the instance in a malicious prosecution claim, finding no prima facie case and no proved damages.

• Malicious prosecution
• Damages
• Unlawful arrest
• Burden of proof
• Animus injuriandi
• Reasonable and probable cause

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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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Municipal Council Of Windhoek v Bahr (HC-MD-CIV-ACT-CON- 2193 of 2019)

Municipal Council Of Windhoek v Bahr (HC-MD-CIV-ACT-CON- 2193 of 2019) [2022] NAHCMD 281 (7 June 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 2193 of 2019

The High Court granted absolution from the instance after finding the plaintiff’s case was pleaded on outdated residential zoning, not the later office zoning.

• Zoning
• Absolution from the instance
• Planning permission
• Interdicts
• Declaratory relief
• Absolution-from-the-instance

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Visagie v The Government of the Republic of Namibia and Others (I 2677 of 2005)

Visagie v The Government of the Republic of Namibia and Others (I 2677 of 2005) [2022] NAHCMD 81 (1 March 2022)

Court

High Court Main Division

Case number

I 2677 of 2005

The plaintiff failed to provide sufficient and clear evidence that the second defendant acted mala fide, maliciously, or fraudulently in convicting him. The absence of the court record and reliance on the appeal judgment were insufficient to establish personal liability. The plaintiff also had and utilized an alternative remedy through appeal. Therefore, absolution from the instance was granted and the claim dismissed.

Source excerpt

• Judicial liability
• Malicious prosecution
• Wrongful imprisonment
• Constitutional damages
• Absolution from the instance

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Katiti v Namibia Institute of Pathology Ltd (HC-MD-CIV-ACT-CON- 2012 of 2019)

Katiti v Namibia Institute of Pathology Ltd (HC-MD-CIV-ACT-CON- 2012 of 2019) [2022] NAHCMD 54 (11 February 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 2012 of 2019

The High Court dismissed an application for absolution from the instance in a contract dispute over a restraint-of-trade payment and allowed the trial to continue.

• Absolution from the instance
• Restraint of trade
• Interpretation of contracts
• State-owned enterprises
• Breach of contract
• Absolution-from-the-instance

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