Namibia Case Law

Acasia Resorts (Pty) Ltd v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV-2021/00074)

Acasia Resorts (Pty) Ltd v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV-2021/00074) [2023] NAHCMD 671 (20 October 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV-2021/00074

High Court granted condonation, joined the Townships Board chairperson and Registrar of Deeds, and allowed amendment of a review motion over a disputed township land sale.

• Joinder of parties
• Condonation for late filing
• Amendment of pleadings
• Review of administrative action
• Setting aside property transfer
• Validity of contract of sale

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Uushona v Walvis Bay Cargo Terminal and Others (HC-MD-CIV-MOT-GEN-2022/00206)

Uushona v Walvis Bay Cargo Terminal and Others (HC-MD-CIV-MOT-GEN-2022/00206) [2023] NAHCMD 649 (13 October 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN-2022/00206

The Labour Court dismissed condonation for a late appeal, finding the explanation for delay inadequate and no reasonable prospects of success on appeal.

• Condonation
• Unfair dismissal
• Arbitration award
• Prospects of success
• Delay in appeal
• Late-appeal

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Agricultural Bank of Namibia v Gaya (SA 42/2023)

Agricultural Bank of Namibia v Gaya (SA 42/2023) [2023] NASC 37 (9 October 2023)

Court

Supreme Court

Case number

SA 42/2023

The Supreme Court of Namibia held that the respondent’s appeal was deemed withdrawn for failure to file the record timeously.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.

• Appeal procedure
• Rescission of judgment
• Condonation
• Withdrawal of appeal
• Appeal-procedure
• Rescission-of-judgment

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Hatuikulipi v Gustavo (15 of 2022)

Hatuikulipi v Gustavo (15 of 2022) [2022] NASC 44 (6 December 2022)

Court

Supreme Court

Case number

15 of 2022

The Supreme Court of Namibia refused the State’s late condonation attempt and allowed three co-accused to intervene in a pending petition over judicial recusal.

• Intervention applications
• Recusal of judges
• Condonation for late filing
• Fair trial rights
• Intervention-applications
• Judicial-recusal

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Kwenani v Ndara (HC-MD-CIV-ACT-DEL- 215 of 2021)

Kwenani v Ndara (HC-MD-CIV-ACT-DEL- 215 of 2021) [2022] NAHCMD 664 (6 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-DEL- 215 of 2021

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.

• Rescission of judgment
• Eviction
• Default judgment
• Condonation for late filing
• Rescission-of-judgment
• Default-judgment

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Alutumani v Walvis Bay Stevedoring Co (Pty) Ltd (LCA 46 of 2014)

Alutumani v Walvis Bay Stevedoring Co (Pty) Ltd (LCA 46 of 2014) [2022] NALCMD 74 (5 December 2022)

Court

Labour Court Main Division

Case number

LCA 46 of 2014

The Labour Court refused condonation for a late application for leave to appeal, finding the delay unexplained and the non-compliance with appeal rules flagrant.

• Condonation
• Leave to appeal
• Late filing
• Finality of litigation
• Legal practitioner conduct
• Leave-to-appeal

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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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Shikongo v Lee's Investments (Pty) Ltd (SA 33 of 2020)

Shikongo v Lee's Investments (Pty) Ltd (SA 33 of 2020) [2022] NASC 38 (15 November 2022)

Court

Supreme Court

Case number

SA 33 of 2020

The Supreme Court of Namibia refused condonation for a late appeal record, found no prospects of success, and struck the appeal from the roll with costs.

• Condonation
• Interpretation of contracts
• Consultancy agreements
• Refund of payments
• Breach of contract
• Civil-procedure

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Khoeseb v City of Windhoek and Others (HC-MD-CIV-MOT-REV 217 of 2021)

Khoeseb v City of Windhoek and Others (HC-MD-CIV-MOT-REV 217 of 2021) [2022] NAHCMD 621 (15 November 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 217 of 2021

The first and second respondents provided a reasonable, full, and accurate explanation for the 5-day delay, brought the application promptly, demonstrated prospects of success, and made sufficient attempts to comply with Rule 32(9) and (10). Condonation and upliftment of the bar are granted.

Source excerpt

• Condonation
• Court orders
• Review proceedings
• Compliance with rules

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Akwenye v Letshego Bank Namibia Limited (HC-MD-LAB-MOT-GEN 147 of 2022)

Akwenye v Letshego Bank Namibia Limited (HC-MD-LAB-MOT-GEN 147 of 2022) [2022] NALCMD 69 (8 November 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-MOT-GEN 147 of 2022

The Labour Court dismissed an application for condonation because no appeal was properly before it and the founding affidavit did not support relief.

• Condonation
• Appeal timelines
• Labour court rules
• Non-compliance with procedural rules
• Appeal-procedure
• Labour-court

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