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Namibia Case Law

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Insolvency law [2022] NAHCMD 222

Ohorongo Cement (Pty) Ltd v Erasmus (HC-MD-CIV-MOT-GEN 257 of 2021)

Ohorongo Cement (Pty) Ltd v Erasmus (HC-MD-CIV-MOT-GEN 257 of 2021) [2022] NAHCMD 222 (29 April 2022)

The High Court ordered attorney-and-client costs against the respondent for dishonest opposition in a sequestration matter, and declined referral to the Prosecutor General.

  • Sequestration
  • Costs
  • Withdrawal of opposition
  • Attorney and client costs
  • Party and party costs
  • Costs-order
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Family law [2019] NAHCMD 48

Gomes v Auala and Others (HC-MD-CIV-MOT-GEN 386 of 2018)

Gomes v Auala and Others (HC-MD-CIV-MOT-GEN 386 of 2018) [2019] NAHCMD 48 (25 January 2019)

The High Court awarded attorney-and-client costs to the applicant after finding the respondents wrongly refused to comply with an access order for a minor child.

  • Costs
  • Access to minor child
  • Contempt of court
  • Attorney and client costs
  • Urgent applications
  • Attorney-and-client-costs
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Constitutional law [2017] NAHCMD 348

Lazarus v Government of Republic of Namibia (2954 of 2015)

Lazarus v Government of Republic of Namibia (2954 of 2015) [2017] NAHCMD 348 (1 December 2017)

The officers' conduct was depraved, mala fide, and a gross abuse of power, violating the plaintiff's constitutional rights. Their failure to respond to the court's directive or show cause left no mitigating factors. The court found this justified a punitive costs order on the attorney and client scale, personally against the officers.

  • Punitive costs
  • Personal liability of public officials
  • Abuse of power
  • Attorney and client costs
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Civil procedure [2012] NAHC 62

Erf Sixty-Six, Vogelstrand (Pty) Ltd v Council of Municipality of Swakopmund and Others (260 of 2007)

Erf Sixty-Six, Vogelstrand (Pty) Ltd v Council of Municipality of Swakopmund and Others (260 of 2007) [2012] NAHC 62 (13 March 2012)

The High Court of Namibia awarded the second respondent its costs after the applicant withdrew a review without tendering costs, but refused punitive costs.

  • Costs on withdrawal
  • Rule 42(1)(c) high court rules
  • Review proceedings
  • Attorney and client costs
  • Civil-procedure
  • Costs
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Civil procedure [2010] NAHC 187

Hailulu v Anti Corrupton Commision and Others (2191 of 2009)

Hailulu v Anti Corrupton Commision and Others (2191 of 2009) [2010] NAHC 187 (11 November 2010)

The High Court of Namibia postponed a defamation trial and ordered punitive costs against the Trade Union defendants for a late, inadequately explained postponement application.

  • Postponement of trial
  • Stay of proceedings
  • Attorney and client costs
  • Trial preparation
  • Legal practitioner conduct
  • Civil-procedure
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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.