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Namibia decisions
Decisions matching the current search
Amukena v Nampower (HC-MD-LAB-MOT-REV 92 of 2021) [2022] NALCMD 39 (11 July 2022)
Interlocutory ruling in a labour review application: cellphone transcription formed part of the record, late filing was condoned, and relief against a non-party was refused.
First National Bank Of Namibia Ltd v Yeung Tai Foodstuff & Trading CC (HC-MD-CIV-ACT-CON- 3709 of 2020) [2022] NAHCMD 143 (28 March 2022)
The High Court granted summary judgment for the bank on a reduced loan claim, condoned the late filing, and awarded costs on the attorney-client scale.
Genius Educational Software CC v David John Bruni N.O. (HC-MD-CIV-ACT-CON- 4685 of 2020) [2022] NAHCMD 116 (16 March 2022)
The High Court condoned a late rescission application, rescinded a default judgment, and set aside the associated writ so the dispute could proceed to trial.
Namibia Star CC and Others v Bank Windhoek and Others (HC-MD-CIV-MOT-GEN 217 of 2020) [2021] NAHCMD 331 (16 July 2021)
The orders of 13 February 2020 were granted erroneously and in the absence of the applicants, who were not properly served or represented; Mr Mbutu had locus standi as a member and shareholder; thus, rescission under Rule 103(1)(a) is warranted.
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United Africa Group (Pty) Ltd v Uramin Incorporated and Others (3) (2527 of 2014) [2019] NAHCMD 123 (18 April 2019)
High Court ruling on attachment to found jurisdiction, with the plaintiff’s application dismissed, a surrejoinder set aside, and the counter-application dismissed.
Oliver v Oliver (1784 of 2016) [2017] NAHCMD 201 (26 July 2017)
The High Court condoned a late application to amend a plea and allowed amendments clarifying how a N$20,000 payment was allocated, with punitive costs against the applicant.
Blaauws Transport (Pty) Ltd v Auto Truck and Coach CC (APPEAL 96 of 2015) [2015] NAHCMD 268 (11 December 2015)
The first respondent does not have a debtor/creditor lien ex contractu as the contract did not provide for such a lien. However, a salvage lien exists. The court has discretion to substitute security for the lien, and in this case, the applicant’s tender of a bank guarantee is adequate and reasonable. The first respondent’s refusal to accept security is inequitable, especially as it benefits from daily storage charges. It is just and equitable to order release of the vehicles upon provision of security.
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Hanstein v Hanstein (483 of 2014) [2014] NAHCMD 340 (7 November 2014)
The High Court set aside a restitution of conjugal rights order because the defendant’s notice of intention to defend was irregular, not void.
Lungameni and Others v Hagen and Another (99 of 2012) [2013] NALCMD 15 (27 March 2013)
The application for review was filed outside the time limits prescribed by section 89(4) of the Labour Act, 11 of 2007, and the court lacks jurisdiction to condone such non-compliance; therefore, the application is a nullity and must be struck from the roll.
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Jacob v S (CA 198 of 2007) [2012] NAHCMD 55 (7 November 2012)
The High Court dismissed an out-of-time leave to appeal application, holding that a lay litigant is not entitled to special treatment absent a proper condonation request.
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