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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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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S v Johannes (HC-NLD-CRI-APP-CAL 11 of 2021)

S v Johannes (HC-NLD-CRI-APP-CAL 11 of 2021) [2022] NAHCNLD 114 (17 October 2022)

Court

Northern Local Division

Case number

HC-NLD-CRI-APP-CAL 11 of 2021

The High Court refused condonation for a late criminal appeal against sentence, finding the delay unexplained and the proposed appeal to have no prospects.

• Malicious damage to property
• Condonation for late filing
• Sentencing
• Appeal procedure
• Criminal-appeal
• Condonation

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Newpoint Electronic Solutions (Pty) Ltd v PS, Office of the Prime Minister (SA 15 of 2022)

Newpoint Electronic Solutions (Pty) Ltd v PS, Office of the Prime Minister (SA 15 of 2022) [2022] NASC 31 (3 October 2022)

Court

Supreme Court

Case number

SA 15 of 2022

The Supreme Court held that a government service contract for payroll software was invalid because only the Tender Board or its lawful delegate could conclude it.

• Tender validity
• Delegation of statutory powers
• Doctrine of legality
• State contracts
• Ultra vires acts
• Condonation for late filing

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Mbumbo and Another v Amadhila and Others (SCR 2 of 2022)

Mbumbo and Another v Amadhila and Others (SCR 2 of 2022) [2022] NASC 27 (23 August 2022)

Court

Supreme Court

Case number

SCR 2 of 2022

The Supreme Court of Namibia partly upheld a review, setting aside an execution order made when the property was not owned by the judgment debtor.

• Execution of judgments
• Compromise and novation
• Real vs personal rights
• Irregular proceedings
• Condonation for late filing
• Execution-of-judgment

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S v Hainana (HC-NLD-CRI-APP-SNA 2 of 2022)

S v Hainana (HC-NLD-CRI-APP-SNA 2 of 2022) [2022] NAHCNLD 66 (24 June 2022)

Court

Northern Local Division

Case number

HC-NLD-CRI-APP-SNA 2 of 2022

Criminal appeal on condonation, postponement, and a section 174 discharge. The High Court upheld the appeal and remitted the matter for trial.

• Condonation for late filing
• Postponement guidelines
• Section 174 discharge
• Magistrate's discretion
• Dominus litis
• Audi alteram partem

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Mbathera v S (HC-MD-CRI-APP-CAL 17 of 2017)

Mbathera v S (HC-MD-CRI-APP-CAL 17 of 2017) [2022] NAHCMD 284 (10 June 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 17 of 2017

High Court appeal judgment refusing condonation for a late notice of appeal in a murder and arson case and striking the matter from the roll.

• Condonation for late filing
• Appeal against conviction
• Appeal against sentence
• Murder
• Arson
• Condonation

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Lisias v S (HC-NLD-CRI-APP-CAL 17 of 2021)

Lisias v S (HC-NLD-CRI-APP-CAL 17 of 2021) [2022] NAHCNLD 53 (19 May 2022)

Court

Northern Local Division

Case number

HC-NLD-CRI-APP-CAL 17 of 2021

The appellant failed to provide a reasonable explanation for the late filing of the appeal and there were no prospects of success as the trial court properly exercised its sentencing discretion, considered all relevant factors, and imposed a sentence that was not shocking or inappropriate.

Source excerpt

• Appeal against sentence
• Condonation for late filing
• Sentencing discretion
• Domestic violence
• Murder

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Teofelus v S (HC-NLD-CRI-APP-CAL 14 of 2020)

Teofelus v S (HC-NLD-CRI-APP-CAL 14 of 2020) [2022] NAHCNLD 44 (22 April 2022)

Court

Northern Local Division

Case number

HC-NLD-CRI-APP-CAL 14 of 2020

The High Court set aside a robbery conviction and sentence after finding a grave trial irregularity: the accused was allowed to speak without being sworn in.

• Robbery with aggravating circumstances
• Right to testify
• Oath in criminal proceedings
• Irregularity in criminal trial
• Condonation for late filing
• Criminal-appeal

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