Namibia Case Law

Nirwana Trading Enterprises CC v Murorua (HC-MD-CIV-ACT-OTH- 1067 of 2022)

Nirwana Trading Enterprises CC v Murorua (HC-MD-CIV-ACT-OTH- 1067 of 2022) [2022] NAHCMD 584 (24 October 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 1067 of 2022

The oral settlement agreement reached during mediation is binding and enforceable as consensus was reached and there was no precondition that the agreement be reduced to writing or signed. The defendants' constitutional rights are not violated by enforcement, as they have not substantiated any such violation. The Formalities of Sale of Land Act does not apply because the agreement is not a contract of sale of land but compels nominee owners to effect transfer to beneficial owners.

Source excerpt

• Enforcement of settlement agreements
• Mediation
• Oral contracts
• Constitutional rights
• Sale of land formalities

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Shanghala and Others v S (CC 6 of 2021)

Shanghala and Others v S (CC 6 of 2021) [2022] NAHCMD 164 (1 April 2022)

Court

High Court Main Division

Case number

CC 6 of 2021

The applicants failed to discharge the onus to show that the interests of justice require their release on bail. The seriousness of the charges, the strength of the State's case, the risk of interference with evidence and witnesses, and the public interest outweigh the applicants' personal circumstances and constitutional arguments. The court is not satisfied that their continued detention is unconstitutional or unlawful, and the administration of justice would be prejudiced by their release.

Source excerpt

• Bail
• Corruption
• Money laundering
• Fraud
• Constitutional rights
• Criminal procedure

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Grobler v Trustco Insurance Limited (HC-MD-CIV-ACT-CON 2922 of 2018)

Grobler v Trustco Insurance Limited (HC-MD-CIV-ACT-CON 2922 of 2018) [2020] NAHCMD 30 (31 January 2020)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON 2922 of 2018

The High Court of Namibia dismissed Trustco Insurance’s special plea seeking immediate taxation, holding that liability must first be determined by judicial findings.

• Legal fees
• Taxation of costs
• Special plea
• Service agreements
• Constitutional rights
• Civil-procedure

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Nawa-Mukena v Multichoice Namibia (Pty) Ltd (1) (HC-MD-CIV-ACT-DEL 3567 of 2017)

Nawa-Mukena v Multichoice Namibia (Pty) Ltd (1) (HC-MD-CIV-ACT-DEL 3567 of 2017) [2020] NAHCMD 12 (21 January 2020)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-DEL 3567 of 2017

The application for stay of proceedings was refused because the applicant failed to demonstrate exceptional circumstances or actual prejudice. The court found that the applicant had already disclosed her defence, the matter was ripe for trial, and granting a stay would cause undue delay contrary to judicial case management principles.

Source excerpt

• Stay of proceedings
• Judicial discretion
• Case management
• Constitutional rights

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Ongwediva Town Council v Kavili and Others (228 of 2017)

Ongwediva Town Council v Kavili and Others (228 of 2017) [2018] NAHCNLD 35 (16 April 2018)

Court

Northern Local Division

Case number

228 of 2017

The High Court refused summary judgment in an ejectment case, finding genuine disputes of fact about land allocation and occupation. The matter was sent to trial.

• Summary judgment
• Ejectment
• Dispute of facts
• Land ownership
• Constitutional rights
• Summary-judgment

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Lubilo and Others v Minister of Safety and Security (1347 of 2001)

Lubilo and Others v Minister of Safety and Security (1347 of 2001) [2012] NAHC 144 (8 June 2012)

Court

High Court

Case number

1347 of 2001

The High Court dismissed most claims by three Caprivi treason suspects, but awarded John Genese Kabotana damages for unlawful detention beyond 48 hours.

• Unlawful arrest
• Unlawful detention
• Assault
• Damages
• Constitutional rights
• Police conduct

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Gawanas v Government of the Republic of Namibia (SA 27 of 2009)

Gawanas v Government of the Republic of Namibia (SA 27 of 2009) [2012] NASC 1 (3 April 2012)

Court

Supreme Court

Case number

SA 27 of 2009

The respondent was liable in terms of aquilian liability for failing to take reasonable steps to secure the appellant's release once her doctors considered her continued detention unnecessary. The continued detention for seven and a half months after the appellant was medically fit was unlawful, as the authorities failed to act reasonably and expeditiously as required by statute and the Constitution.

Source excerpt

• Unlawful detention
• State liability
• Administrative delay
• Constitutional rights
• Damages for wrongful detention

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S v Malumo and Others (12) (32 of 2001)

S v Malumo and Others (12) (32 of 2001) [2011] NAHC 342 (10 November 2011)

Court

High Court

Case number

32 of 2001

The High Court of Namibia refused to admit a video recording where the State could not prove how it was obtained and the evidence about retrieval was too uncertain.

• Admissibility of evidence
• Search and seizure
• Hearsay
• Constitutional rights
• Admissibility-of-evidence
• Criminal-evidence

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Kandjima and Another v Karero (APPEAL 78 of 2011)

Kandjima and Another v Karero (APPEAL 78 of 2011) [2011] NAHC 239 (9 August 2011)

Court

High Court

Case number

APPEAL 78 of 2011

Applicants, as church members, had undisturbed and peaceable possession of the church for religious activities, and the respondent unlawfully deprived them of this possession without lawful authority; thus, applicants are entitled to mandament van spolie.

Source excerpt

• Mandament van spolie
• Possession
• Church property
• Constitutional rights

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S v Pienaar (1) (CA 30 of 2010)

S v Pienaar (1) (CA 30 of 2010) [2010] NAHC 135 (5 October 2010)

Court

High Court

Case number

CA 30 of 2010

High Court bail appeal held the magistrate misdirected himself on absconding and granted bail with strict reporting, passport, and non-contact conditions.

• Bail
• Fraud
• Judicial discretion
• Constitutional rights
• Absconding
• Public interest

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